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: CivilCivil Appeal
…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…
…The ground on which the application is based is not substantiated. The application fails and is dismissed with costs.” The aforegoing constitutes the background leading to this reference.…
Division and case type: CivilCivil Case
…According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law. When the application came up for hearing, the learned counsel for the Applicant Mr.…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: CriminalCase number Criminal Application
…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…
…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…
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: CriminalCase number Criminal Application
REPUBLIC OF KENYA Kamau v Republic High Court, at Nairobi August 29, 1985 Owuor J & Schofield J Criminal Appeal No 1236 of 1984 (Appeal from the Senior Resident Magistrate’s Court at Nairobi, J A Mango, Esq) Advocates Appellant present and unrepresented W Nfugi (Miss) (State Counsel) for respondent August 29, 1985, Owuor J & Schofield J delivered the following Judgment. Bernard Mwangi Kamau appeals against his conviction by a learned senior resident magistrate Nairobi on 3 counts of robbery with
Division and case type: CivilCivil Appeal
…The application came for hearing before Khamoni, J on the 10th April, 1990, and in a reserved ruling delivered on the 17th April, 1990, the learned judge dismissed the application with costs.…
…the application was incompetent.…
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: CriminalCriminal Case
…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.…
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: CivilCivil Appeal
….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…
…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…
Division and case type: FamilySuccession Cause
…The application was supported by an affidavit sworn by Terry C.…
…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…
Division and case type: Employment and Labour RelationsCase number Cause
…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.…
Division and case type: CivilCivil Case
…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
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: 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: 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: CivilCivil Appeal
…On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days.…
…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…