Case law
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Division and case type: CivilCivil Case
…CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion…
…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…
Division and case type: CriminalCriminal Appeal
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: CivilMiscellaneous Civil Application
…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.…
Division and case type: ELRCMiscellaneous Application
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The affidavit in support of the motion sworn by him details their grieviances in the manner the arbitration was conducted as their witnesses and two appellants were not summoned to attend.…
…Inspite of the appellants complaining that they were unaware how their advocate conducted the case which led to withdrawal of instructions, their motion was dismissed with costs.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…As signicant as the issues in contest were, it was not possible to resolve them with nality in the context of the preliminary motion. 3.…
…However, the impeachment process continued and on 28th January, 2014 the County Assembly of Embu passed the motion of impeachment.…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…On the Court’s own motion, it orders that the fine of Kshs 3,000/- be refunded to the appellant if already paid. Dated and Delivered at Nyeri this 29th day of June 1994. M.A.ANG'AWA JUDGE…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appli
…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.…
Division and case type: Environment and LandLand Case
…The plaintiff/applicant filed the Notice of Motion dated 24th February, 2016 seeking an order of injunction against the defendant/respondent to restrain him, his servants and/or agents from collecting rent and interfering…
Division and case type: CivilCivil Appeal
…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 dened by the Administration of Justice Act 1956.…
Division and case type: CivilCivil Case
…RESPONDENT EX PARTE TARUS T/A TARUS & COMPANY ADVOCATES RULING The Court granted leave to the applicant to make an application for Judicial Review which he has done under this Motion.…