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…Case No. 70 of 2003) ************************** R U L I N G Though the notice of motion before me was very vigorously contested, the issue for me to determine is really very narrow.…

…I accordingly allow the motion dated 8th June, 2004 and lodged in this Court on 10th June, 2004 and I make the following orders:- 1.…

…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…

…The motion asked that the Review be heard by two Judges who have not previously handled the case. What is before me, therefore, is the Motion aforementioned. Even then, only one prayer in the Motion is before me.…

…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…

…The present motion is only for filling the appeal out of time. The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…

…The appellants counsel has submitted that the offence disclosed was not one of obstruction as the vehicle was in motion. The state on the other hand supports the finding of the lower court that there was obstruction.…

…As submitted by the appellants counsel the framing of the section depicts a situation where a vehicle has been abandoned on the road and not a vehicle in motion.…

…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…It was speedier and more convenient to deal with it at the end of the main motion (or, in Kenya, summons). A judge can under the Rules of court grant a stay of execution pending an appeal.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4. Costs of today’s application be in the cause. 5. Hearing on 24/7/98 of the application dated 4/5/98.…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…