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…The motion was filed 14 days outside the period granted by the court.…

…On another front, it is their case that should this Court hold that there is a competent notice of motion in place the law does not provide for or envisage an amendment of the substantive motion. 30.…

….………………….....3 RD DEFENDANT/APPLICANT RULING The Notice of Motion This ruling relates to the Notice of Motion dated 9 th May 2025 (the Motion) filed by Mrs.…

…He argued that the issues addressed in the Motion go to the core of the Respondent’s pleadings and it is therefore imperative that the Motion be allowed as prayed.…

…The substantive motion shall be filed and served within 7 days of the date of this order. The respondents shall file and serve their response within 7 days of the date of service of the applicant's motion.…

…Leave was granted on 26 July 2023 and, therefore, if the applicant was directed to file and serve the substantive motion within seven days of that date, the motion ought to have been filed by 3 August 2023.…

…In granting leave, the applicant was directed to file a substantive motion for judicial review within seven days from 3 January 2023. However, it was not until 25 January 2023 that the applicant filed his motion.…

…Thus, the substantive motion was filed out of time. 2. Failure to file the substantive motion in time is amongst the grounds that have been raised in objection to the applicant’s application.…

…He stated that given that the proposed amendments to the Notice of Motion application dated 27th June 2024 as set out by the defendant did not alter the nature of the Motion and did not introduce a new cause of action, the…

…He deposed that paragraphs 3, 5 and 6 of the Amended Notice of Motion ought to be struck out as they have the effect of substantially altering the nature of the Motion and the suit. 15. Mr.…

…I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants. 2.…

…of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion. 3.…

…The applicant also filed a Notice of Motion dated 27/2/2025 seeking for enlargement of time within which to file the Originating Motion and interim reliefs to stay the implementation of the decisions which are impugned. 3…

…That all the parties as enjoined be served forthwith with the Originating Motion and the Notice of Motion dated 27/2/2025 (if not yet served) together with a hearing notice for the hearing of the Notice of Motion dated 27…

…The Notice of Motion (the Motion) under determination was instituted by Mary Nduume Wilson and Chris Musili Mwania (hereafter the 1 st and 2 nd Intended Interested Parties).…

…locus standi to bring the said Motion. 28.…

…I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants. 2.…

…of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion. 3.…

…When the court granted leave it did not stipulate the time within which the motion was to be filed and, therefore, according to Order 53 rule 3(1) of the Civil Procedure Rules, the motion ought to have been filed within twenty-one…

…I say so because when the respondent sought the order of stay to be vacated on the ground that the substantive motion had not been filed within the twenty-one-day period, and when the court sought proof that the motion was…

…Contemporaneously filed with the originating motion was an interlocutory motion, of even date, seeking interim relief by way of injunction and prohibition, to restrain the respondent from investigating the matter, and forwarding…

…Consequently, I do hereby confirm the order made on 3rd August 2026; and decline to grant the orders sought in the motion, dated 3rd August 2026, and dismiss the said motion.…

…For determination at this juncture is the Notice of Motion dated 3107/2025 (the Motion) brought by Abson Motors Limited (hereinafter the Applicant) and seeking the various prayers listed hereunder: (i) Spent.…

…Pursuant to the directions of this court, the Motion was canvassed through oral submissions. Submitting in support of the Motion, Ms.…

…notice of motion filed out of time as duly filed.…

…In that case, the court granted to the applicant ten days for the filing of the substantive notice of motion. The motion was not filed.…

…I am also satisfied that the applicants merit the exercise of this Honourable Court's discretion in their favour for leave to file a substantive motion for judicial review reliefs of certiorari and prohibition.…

…Directions with respect to the filing and the disposal of the substantive motion are as follows: 1. The motion shall be filed and served within 7 days of the date of this ruling. 2.…

…Samuel Nganga Mwangi (hereafter the Plaintiff/Applicant) has brought this Notice of Motion dated 2.09.2025 (the Motion) supported by the grounds laid out on its face and in the Supporting Affidavit, seeking a review and/or…

…The Motion was canvassed through oral arguments. On the one part, Mr.…

…The order bars all motion for the removal of any Board member in the AGM slated for 24/3/2025 and directs that such motion shall not form part of the Agenda for that meeting, pending mediation process. 4.…

…I have also perused the Notice of Motion dated 12/3/2025 as filed before the Sports Disputes Tribunal. 6.…

…The Respondent has therefore urged this court to decline to grant the prayers sought in the Motion. Oral Submissions 8. The Motion was canvassed through oral arguments. Mr.…

…the Motion is dated 24/11/2025; that consequently, the Motion ought to be struck out on that basis. 10.…