Judgment
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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: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…
…The application is supported by the affidavit of Mr Magugu sworn on 7th December, 1994.…
Division and case type: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…Rule 24 of the Supreme Court Rules deals with applications for grant of certication. Rule 26 deals with urgent applications.…
Division and case type: CivilCase number Civil Application
…There are before the Court two applications Nos 143 of 1987 and No 6 of 1988. In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…
…In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first. The Ruling of the High Court was given on July 3, 1987.…
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: CriminalCriminal Appeal
…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.…
Division and case type: ELRCMiscellaneous Application
…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 aected.…
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 suit in the Court of the Resident Magistrate was instituted by two people namely Hassan Saidi Dele and Major Henry Mwalugha who are the respondents to this application. They oppose the application for transfer.…
…I think the applicant was wrong to bring this application to Court by way of a summons in chambers.…
Division and case type: Constitutional and Human RightsJudicial Review
…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: CivilMiscellaneous Application
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…
…Building Society Limited, who has now made this application before us. We shall hereinafter refer to E.A. Building Society Limited as the applicant and D'Souza and Khandwalla as the respondents.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…
…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…
Division and case type: Constitutional and Human RightsElection Petition
…RESPONDENTS RULING There is before the Court an interlocutory application in this petition.…
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
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: CriminalCase number Criminal Application
Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 62 OF 1989 JO NYARANGI, JE GICHERU & RO KWACH, JJA AUGUST 14, 1989 BETWEEN MWANIKI ...................................................................................................... ACCUSED AND REPUBLIC ............................................................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
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: CriminalCriminal Case
…It was pointed out that the application on jurisdiction was made before the Trial Court when there was a similar application pending determination before the High Court. It was stated that in the lower court, Mr.…
…Magolo indicated that they failed to disclose to this court about High Court Constitutional Petition No. 50 of 2020 but it had no bearing to the application before this court, as this application was made pursuant to the…