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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.…

…That left the applicant only with order 50 rule 1 which provides:- “All applications to the Court, save where otherwise expressly provided for under these Rules, shall be by motion and shall be heard in open Court”.…

…This application should have been brought by way of notice of motion and not by a summons in chambers.…

…This ruling is on the notice of motion dated 3-11-2025.…

…The motion seeks the following residual orders. 4.…

…This application by way of notice of motion is brought to the Court Under Order XXXV Rules 1 and 2 of the Civil Procedure rules.…

…I award to the Plaintiffs the costs of the suit and of the notice of motion. These shall be my orders.…

…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.…

…A relevant rule for the purpose of this Motion is rule 10 which states as follows: “10.…

…The other rule which is of great importance in this Motion is rule 14.…

…DEFENDANT RULING This is a notice of motion under s 5 (1) of the Judicature Act and under s 3 (A) of the Civil Procedure Act and under order XXI rules 53 and 54 of the Civil Procedure Rules and order L rule 1 of the Civil…

…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…The motion first came for a hearing on 25th April, 1989. Mr Mburu appeared for the applicant, while Mr Paul Kiambo appeared for the respondent, the defendant in the action.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…

…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…

…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…

…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…

…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…

…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.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…Appli 141 of 1998 IN THE MATTER OF: THE LAW SOCIETY OF KENYA CAP 18 LAWS OF KENYA AND IN THE MATTER OF: JUDICIAL COMMISSION OF INQUIRY INTO TRIBAL CLASHES IN KENYA R U L I N G This is an application by way of Notice of Motion…

…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…

…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.…

…On a proper analysis the High Court was bound to conclude that it had no jurisdiction to hear the notice of motion. 11.…

…The motion is one of jurisdiction. Jurisdiction in Admiralty actions is statutory, and is dened by the Administration of Justice Act 1956.…

…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.…