Case law
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Division and case type: CivilCivil Case
…a notice of motion under order 35 rules 1, 2 and 3 of the Civil Procedure Rules.…
…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: 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 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: 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 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: 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: CivilMiscellaneous Civil Application
…This application should have been brought by way of notice of motion and not by a summons in chambers.…
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: 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…
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: 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: ELRCMiscellaneous Application
…This ruling is on the notice of motion dated 3-11-2025.…
…For the above and other reasons, the Petitioners pray that prayers 4,6 and 7 of the notice of motion dated 3-11-2025 be allowed. 9.…
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 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: Constitutional and Human RightsElection Petition
…The application by Notice of Motion is brought under section 20 (1) (a) of National Assembly and Presidential Elections Act chapter 7 Laws of Kenya.…
…After considering the whole issue raised in the present Notice of motion and the orders sought I now summarize my observations as follows: The provisions of law do not require that only personal service may be applied in…
Division and case type: CivilCivil Appli
…MOMBASA Misc Civil 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 under S.8(5) of the Law Reform Act Cap.26 of the Kenya Laws and 0.41 r.(4) and 0 XLII r. (2) of Civil Procedure Rules asking that:- "This Honourable Court be pleased toorder that stay of execution be issuedpending…
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.…
…On a proper analysis the Judge was bound to conclude that he had no jurisdiction to hear the Notice of Motion. 40. I pause here only to say in deference to Mr.…
Division and case type: CriminalCriminal Case
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…