Case law
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Division and case type: GeneralCase
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…The following day the applicant rushed to, the High Court at Nyeri and filed originating motion praying for orders to nullify the orders or the Chief Magistrate, Nakuru.…
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
Division and case type: CriminalCriminal Case
…The applicant has now filed an application by way of a Notice of Motion under Section 81(1) Rules (c), (d), (e) (ii) and (2) of the Criminal Procedure Code seeking a transfer of the said case from Naivasha Law Courts to Eldoret…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Employment and Labour RelationsCase number Cause
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: FamilySuccession Cause
…This court cannot on its own motion grant the right to administer the estate of the deceased to any particular person before it has heard and determined the objection and cross petition that are on record.…
Division and case type: CriminalCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CivilCivil Appeal
…It may now be taken as settled law, laid down by this Court, that it is an actionable trespass wrongfully to set the law in motion so that the wrong goods are seized, or the wrong person is arrested, see Blassio Simiyu v…
…For my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or…
Division and case type: CivilMiscellaneous Application
…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…
…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
Division and case type: Environment and LandLand Case
…......PLAINTIFF VERSUS M'MWORIA NKABO.............................................................................................DEFENDANT RULING This application dated 15th October 2012 was brought by way of Notice of Motion…
Division and case type: FamilySuccession Cause
…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: Constitutional and Human RightsPetition
…This is the Notice of Motion dated 26.10.2004 and filed in court on the same day. That it is only one of the children, namely J A who is in school but that even then, he is fully supported by Plan International.…
…Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…On the 23rd day of October 1981 the appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions…
Division and case type: CivilCivil Appeal
…Civil Case No 14/91 which has now set everything in motion. Basically, it appears that the plaintiff Iqbal has a genuine claim against the defendants.…