Case law
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Division and case type: Environment and LandMiscellaneous Application
that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. The Respondent did not call any witness and the medical reports were produced by consent of both parties.
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
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. 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 ruling of the High Court of Kenya at Mombasa at (Mr.
Division and case type: CivilMiscellaneous Application
decisions of the Board are to be recorded; Section 17 deals with the power of the Board to order attendance and Section 9 thereof gives the Board mandatory considerations for the granting or refusal of consent. A District Commissioner or designated person cannot purport to sit alone to approve an application for consent under the Act.
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI COMMERCIAL AND TAX DIVISION MISCELLANEOUS APPLICATION. 329 OF 2013 A.…
…of Justice Maureen Odero in Miscellaneous application number 263 of 2013.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Whether substantive reliefs can be sought via a miscellaneous application 8.…
…The Court held that: “The applicant cannot seek the orders sought in its miscellaneous application without going through the process of filing suit.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Respondent asserted that there were contested issues regarding the performance and enforcement of the contract between the parties, which could not be resolved through a miscellaneous application. 8.…
…The present proceedings are brought purely as a miscellaneous application. 12. The nature of the reliefs sought by the Applicant is critical.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Application no. 2508 of 2016, Republic Versus Joseph Bushebi; Criminal Miscellaneous Application no. 2722 of 2016, Republic Versus Rafiki Bank DTM Ltd; Criminal Miscellaneous Application No. 2390 of 2016 Republic Versus…
…Application no. 2508 of 2016; Criminal Miscellaneous Application no. 2722 of 2016; Criminal Miscellaneous Application No. 2390 of 2016; Criminal Miscellaneous Application No. 2391 of 2016; Criminal Miscellaneous Application…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Application.…
…In the instance application, the court notes that the Respondents raise objection to the suit as filed having been initiated a Miscellaneous Application.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…That the application is fatally defective and bad in law for want of jurisdiction, as it seeks substantive final orders through a miscellaneous application. ii.…
…That the jurisdiction of the Court has not been properly invoked, as the application is a miscellaneous application which cannot be used to institute original proceedings for contested civil claims for monetary judgment.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Preliminary Objection challenges the competence of these proceedings on the ground that the Applicants have sought substantive relief through a Miscellaneous Application without first instituting a substantive suit. 4…
…The Court in Scope Telematics distinguished cases where a miscellaneous application is permissible because no substantive rights are being enforced.…
Division and case type: High Court FamilyFamily Miscellaneous
…Ogolla in Miscellaneous Application no. E233 of 2023.…
…Again, the Honorable Judge in Miscellaneous Application no.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The defendants argue that the plaintiff, having been granted leave to file a derivative suit on 25th February 2022 in Miscellaneous Application No.…
…The genesis of this matter, as confirmed by the record, is that leave was granted to the plaintiff on 25th February 2022 in Miscellaneous Application No.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Since the Civil Procedure Rules do not expressly provide for veil-lifting, such relief must be sought through a separate application, which is appropriately brought as a miscellaneous application. 7.…
…Jurisprudence is settled on the fact that miscellaneous applications serve to address procedural or ancillary matters that do not necessitate the full rigour of a suit.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…application. 15.…
…Whether the present Miscellaneous Application is competently before the Court 20.…
Division and case type: High Court FamilyFamily Civil Case
…Following this dismissal, the applicant filed Miscellaneous Application No.…
…Another issue is that this suit is now redundant in light of the orders issued in HC Miscellaneous Application No. E012/2023. 4.…
Division and case type: High Court Commercial and TaxCommercial Matters
…application Misc.…
…Adala - Advocate seeking reconstruction of the court file in this matter or creation of the temporary file for purposes of lifting the restraining order. (5) The miscellaneous application came before Justice A.…
Division and case type: High Court Commercial and TaxCommercial Matters
…However, the issue of damages for alleged oppressive conduct, personal liability for sale of machinery, and compensation for losses was not adjudicated in the Miscellaneous Application. 22.…
…The earlier proceedings were initiated by way of a Miscellaneous Application limited in scope, primarily seeking rectification and disclosure.…
Division and case type: High Court FamilyFamily Miscellaneous
…The applicant depones that the relationship between the parties were severed on 24-08-2017 which prompted the applicant to file an advocates/client’s bill of costs through this court’s miscellaneous application number 189…
…The chamber summons should have been filed in miscellaneous application number E189 of 2020. The application before me is therefore in my view incompetent and irregularly filed and I will not go into its merits.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…A stay of execution of the orders issued in Milimani CMCC Miscellaneous Application No. E2204 of 2025 pending the hearing and determination of this appeal. iv.…
…In particular, the appellant averred that subsisting stay orders issued on 1st April 2025 and 26th August 2025 in CMCC Miscellaneous Application No.…