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…Motion.…

…Accordingly, it was an error apparent on the face of the record to have held that the Motion was not supported by any evidence. That error led to the dismissal of the Motion. 31.…

…Application to be by notice of motion (1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court…

…Order 53 rule 3 is couched in mandatory terms that the Notice of Motion shall be filed within 21 days.…

…That consequently, the applicant’s Motion ought to be dismissed and the Advocate – Client Bill of Costs remitted for taxation afresh. 9. The second Motion was by the respondent dated 24/9/2025.…

…From the record, I have not come across any response by the applicant to the respondent’s Motion. 15. In determining the Motions before me, I will start with the respondent’s Motion dated 24/9/2025.…

…By a Motion on Notice dated 19/6/2024, the Advocate applied for Judgment for Kshs. 205,716/- against the respondent. The Motion was brought under section 51 of the Advocates Act, Cap 16 Laws of Kenya. 2.…

…Firstly, that Motion was in the nature of a challenge to the taxation of the bill of costs. That is not the procedure.…

…The Motion sought that the ex-parte judgment made on 30/4/2024 be set aside and that the applicant be allowed to file responses and submissions in the appeal.…

…The Motion was grounded upon the grounds set out on the face of the Motion and the Supporting affidavit of Anthony Mabonga sworn on 26/2/2025. 3.…

…On 17.9.2024 this court had directed the Applicant to re-serve his notice of motion dated 16.9.2024 upon all the Respondents.…

…Nyamori submits that given that the notice of motion dated 16.9.2024 stands unopposed, the same ought to be allowed.…

…The Motion was supported by the affidavit of Justus Ododa sworn on 8/7/2025. 4.…

…However, I will grant the applicant an opportunity of being heard and therefore consider its Motion on merit. 13.…

…I have considered the Respondent’s Notice of Motion dated 24.1.2024, the supporting affidavit sworn by Fredrick Mashuke on even date and I have considered the rival submissions of both Counsels for the Applicant and the Respondent…

…In any event the taxation of the same before a court without jurisdiction is the ground upon which the Respondent’s Notice of Motion herein is premised on. 5.…

…This is a ruling on the Motion dated 26/3/2025 by the Advocate. It is brought under Section 51(2) of the Advocates Act. It seeks Judgment to be entered for Kshs.131,814/=. 2.…

…The Motion therefore not opposed. 3. Be that as it may, the Court must satisfy itself that the Motion has merit. I have considered the Supporting Affidavit of Joseph N. Ngigi.…

…In view of the foregoing, it is clear that she has no intention of either responding to the Motion or she is not opposed to the orders sought. 3.…

…While this Court exercised extreme caution not to deal with the matters in the Motion before me, the respondent has remained adamant not to respond thereto. 5.…

…RULING I have considered the Appellant’s notice of motion dated 23rd October 2023 brought under the provisions of Order 45 of the Civil Procedure Rule 2010, Sections 1, 3, 49 and 100 of the Civil Procedure Act and Articles…

…49, 50 and 159 of the Constitution of Keya 2010 and the affidavit sworn by Cliford Otieno Obiero on even date and I have perused the Appellant’s notice of motion dated 6th July, 2023 and I do note that indeed this is an…

…On 7/5/2025, the appellant lodged a Motion on Notice dated 19/6/2025 under Order 42 Rule 6 of the Civil Procedure Act.…

…Nzomo appeared for the respondent and requested for 7 days to respond to the Motion. 4. The Court directed that the Motion be responded to within 7 days and that parties do file and exchange submissions within 30 days.…

…In the Motion, the applicant sought 4 broad orders for stay of execution as follows: - “2.…

…The parties orally argued the Motion which arguments the Court has considered. 8. To begin with, this is a Motion for stay of execution of the order of 17/9/2025. I have looked at the order of 17/9/2025.…

…Together with the Petition of appeal, he took out on the same day a Motion on Notice seeking to be admitted to bond pending appeal. 3.…

…The grounds for the Motion were set out in the body of the Motion and his Supporting affidavit of 28/3/2025.…

…By a Motion dated 30/10/2025, the applicant sought stay of execution of that ruling and its review and setting aside.…

…The Motion was opposed vide a Replying Affidavit of Richard B.O. Onsongo sworn on 1/11/2025.…

…This is a ruling on the Motion on Notice dated 7/5/2025 by the applicants.…

…The provisions of the law cited by the applicants in the Motion do not provide for the prayer for extension of time.…

…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.…

…This brief ruling determines the issue of whether this Court ought to grant the prayers sought in Motion application dated 13th September 2024. 2.…

…A brief history of this instant matter is that vide application dated 20th February 2023, the Plaintiffs herein sought similar prays as contained in the instant motion application and this Court vide its ruling dated and…

…Vide an undated Motion on Notice lodged in Court in December, 2025, the applicant sought that the said judgment be reviewed. That there was new and compelling evidence that had come to light after the trial.…

…I have considered the Motion. It is clear from the grounds set out in the Motion, that the applicant is aggrieved with the way the evidence of the prosecution was analyzed and admitted.…