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…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.…

…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.…

…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…

…They cannot proceed forever, going back and forth in courtin one form of application or another.…

…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…

…They cannot proceed forever, going back and forth in courtin one form of application or another.…

…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.…

…That costs of the application be provided for. The application is supported by a supporting affidavit of Paul Chemwono the Managing Director.…

…the main body of the application. 2.…

…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.…

…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.…

…discharge voucher and certainly this is an argument which would as well raise a triable issue which cannot be disposed of by way of this application.…

…In my view this application is misconceived if not bad in law for trying to drag a third party into a case without following the relevant procedures.…

…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.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…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.…

…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…

…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…