Search court decisions

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…

…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…

…I have carefully considered this application and the submissions of both counsels.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION NO. 88 OF 1982 BETWEEN PATRICK GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI.......................…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…

…The application was not opposed by the prosecution.…

…CIVIL APPLICATION NO. NAI. 329 OF 1995 BETWEEN KITHAKA NTHAKANIO .................................. APPLICANT AND THATHI NTHAKANIO ...................................…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…Both applications were listed for hearing on the same day the April 10, 1985.…

…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…

…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…

…the application and petition. 7.…

…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…

…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…

…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…

…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…

…An affidavit in support accompanied the application.…

…Costs.This application too was supported by an affidavit. On 21.6.96 Mr. Muendo argued the appellant's application, the first application, while Mrs. Nzei argued the Respondent's application, the second application.…

…It is apparent from the letter of consent that the application having been made on May 11, 1980, consent was not granted within three months.…

…If the application had failed by August then a new application could be made in September and that had not been granted in time. Unfortunately that is not the case.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…The application is premised on the grounds on the face of the application and is supported by the affidavit sworn by the applicant on 24th February, 2016.…

…The application is opposed. The respondent filed a replying affidavit on 4th March, 2016.…

…It would perhaps have been more appropriate if an application had been made under section 9 or 12 of the Arbitration Act, to replace an arbitrator who had refused to act.…

…Next, the learned judge refused Mr Ghadialy’s fourth application for leave to withdraw from the suit. Kuloba J then proceeded to hear the evidence of the respondent.…

…So it would have been unfair and unjust to allow the application after such a long period. Nduhiu’s appeal was instituted on September 13, 1985.…

…Even the application to set it aside had not been made for four years. Order IXB rule 8 on August 2, 1979, which is the date when the application to set aside the judgment was filed, was this – “8.…