Case law
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Division and case type: CivilCivil Case
…Indeed that was the main plank in Mr Juma’s application before this Court.…
…We asked Mr Juma to elect before us on which application to proceed, namely Civil Application Nai 12 or Nai 13 of 1991, because only one application was listed before us.…
Division and case type: CivilMiscellaneous Application
…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
Division and case type: Constitutional and Human RightsPetition
…The application was heard before Omburah, SRM on 25.6.2004 and ruling delivered on 5.8.2004.…
…The application is opposed through the replying affidavit made and sworn by H I, the 2nd respondent on the ground that during the hearing of the application before the lower court the applicant did not deny that the children…
Division and case type: CivilMiscellaneous Civil Application
…The respondent filed grounds of opposition as a rejoinder to the application dated 27.11.2020.…
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: CivilCivil Appeal
…CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN ............................. APPLICANT AND DAVID JOHN KIBWANA (EXECUTOR) .....................…
…This application must fail for the reason that the learned judge of the superior court, Ang'awa, J. never heard and decided on the application for leave lodged by the applicant.…
Division and case type: CivilCivil Appeal
…The brief background to the appeal, the subject matter of this application is briefly as hereunder.…
…The respondent, EABS filed grounds of opposition to the application. Mr.…
Division and case type: FamilySuccession Cause
…In my view that does not apply to applications under Law of Succession Act(Cap.160).…
…He said the application is therefore misconceived. Mr.…
Division and case type: CivilCivil Case
…It is upon the application of these relevant principles that I shall decide this application.…
…Application upon application, nay, a deluge of applications, will inundate the Courts. We shall then establish a culture of unreasonable disobedience. Institutions shall be ran by excessive judicial intervention.…
Division and case type: CivilCivil Case
…originating summons by the High Court, in the High Court Civil Case No 2411 of 1979 (OS), at Nairobi, the instant originating summons, which was also started at Nairobi but in due course was transferred here, is barred by the application…
…The present respondents in the instant application are two only, namely Willys Gantinku Mukobwa and Robert Njogu.…
Division and case type: CriminalCriminal Appeal
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: CivilCivil Appeal
…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…
…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…
Division and case type: FamilySuccession Cause
…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…
…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…
Division and case type: CivilCivil Appeal
…That costs of this application be provided for.…
…The learned magistrate therefore rightly made an order for stay of execution pending the hearing of the application to set aside the ex-parte judgment. That application was to be heard on the 24th of May, 1991.…
Division and case type: CivilCivil Suit
…He states that the administrator is his step brother and that there is an application for revocation of grant pending before court. He states that his siblings do not have any land to cultivate.…
…The issues arising in this application are as follows:- 1.…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: CriminalCriminal Appeal
…Shiundu - PM) RULING Before this Court is a second application for bond pending appeal expressed to be brought under section 357 of the Criminal Procedure Code.…
…This application is opposed and Mr. Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…
Division and case type: Environment and LandLand Case
…That Costs of this application be provided for. Mr. Riungu for the applicant stated that the plaintiff Abednego Golden Njeru was deceased.…
…He therefore prayed for Orders as per prayers 1, 2 and 3 of the application. Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…Affidavit in response to the application for scrutiny and recount as well as the application for production of election materials.…
…(b) Whether the Application is supported by the Petition? (c) What is the effect of the Application?…
Division and case type: CriminalCriminal Appeal
…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CivilCivil Appeal
…It was further argued on behalf of the appellant that taking into account the age of the minor an award of Kshs 100,000/- was so inordinately high as to manifest error in application of principles. Held: 1.…
…The Shs 100,000/- awarded by the judge cannot be taken to be so inordinately high that the application of a wrong principle must be inferred. Appeal dismissed. Cases 1. Barnett v Cohen [1921] 2 KB 461 2.…