Judgment[1989] KEHC 93
Case law
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Division and case type: CivilCivil Case
d/o Umedram Bhagwan Pandya, (Mena) he thereby waived his right to rely on limitation under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act. In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived.
Division and case type: CivilCivil Case
On the prepondrance of evidence before me as a whole, I cannot help reaching the inescapable conclusion on such evidence, that the 2nd Defendant was not an innocent purchaser for value of the shit land. I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase of the suit land that the said land had then been sold to the Plaintiff wh
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 36 OF 1989 IN THE MATTER OF TURTLE BAY HOTELS LIMITED AND IN THE MATTER OF THE COMPANIES ACT RULING. By a Petition presented on 31st August, 1989 Fitzval Remedios Santana De Souza (herein after called the Applicant) has prayed for certain reliefs under Section 211 of the Companies Act and alternatively that the Company namely Turtle Bay Hotels Limited (herein after called the Company ) be wound
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 686 OF 1986 MOSES WAITHANJI MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 414 OF 1985 KANTABEN NEMCHAND SHAH ………..……. PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS
Division and case type: CivilCivil Case
was however fault attributable to imprudence. It is the type of mistake which a court can excuse in order to do justice to the parties in a particular case.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 413 OF 1989 GEORGE & 15 OTHERS ………………………………….....................…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application. Accordingly, the objection w
Division and case type: Constitutional and Human RightsPetition
to pay its debts and in my opinion it is just and equitable that it should be wound up. Accordingly I order that the debtor company known as Magunum International Limited be wound up.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 771 OF 1980 MEDITERRANEAN SHIPPING COMPANY SA …………………..... PLAINTIFF VERSUS INTERNATIONAL AGRICULTURE ENTERPRISES LTD & ETCO (MSA)LIMITED…………………………………… DEFENDANTS RULING The action herein was for damages based on demurrage of a motor vessel “Penny S”.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL CASE NO 2042 OF 1985 LONRHO EAST AFRICA LIMITED .....................PLAINTIFF VERSUS CONSOLIDATED CITY VENTURES.......................DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 690 OF 1988 SHAH T/A PRASUL’S…………………………..APPLICANT VERSUS STEELCORD TYRES LTD…………………….. DEFENDANT RULING This is an application by the plaintiff for summary judgment under order 35 Civil Procedure Rules.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 767 OF 1987 CITY SERVICE STATION……............….……….. APPLICANT VERSUS JAMRECK PETER NJUGUNA …...………...… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum claimed.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 767 OF 1987 CITY SERVICE STATION……............….……….. APPLICANT VERSUS JAMRECK PETER NJUGUNA …...………...… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum claimed.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2408 OF 1987 MT KENYA SAFARI CLUB LTD....................PLAINTIFF VERSUS MUKAWA (HOTELS)HOLDINGS LTD............DEFENDANT RULING April 6, 1989 Rauf J delivered the following Ruling. It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined accordingly.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2100 OF 1987 JEREMIAH KAMAU GITAU & 2 OTHERS...........................PLAINTIFF VERSUS WANDAI & 5 OTHERS.........................................................DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 3432 OF 1988 JOSEPH MUTHUSI & 2 OTHERS…………………… APPLICANTS VERSUS WILLIAM GATHOGO & 2 OTHERS …………......... RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.
Division and case type: Milimani Commercial CourtsCivil Case
In objecting to an application filed by Mr. Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That the plaintiff be allowed to nominate his mother Raphaela Njeri Paul Njagi as the transferee of the suit land; (d) That the Deputy Registrar be authorized to sign the transfer documents to effect the registration of Raphaela Njeri Pa
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 3288 OF 1987 BERNARD WAMAREMA KAIRU..............................APPELLANT VERSUS LION OF KENYA INSURANCE CO LTD..................RESPONDENT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 590 OF 1988 ALPHONCE ANDALO & ANOTHER t/a Highspeed General Supplies ……………………. APPLICANT VERSUS JAMES GLEEN RUSSEL LTD………......................…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988.
Division and case type: CivilCivil Case
The application dated 9th July 1987, is brought by the plaintiffs under order XXXIX rules 1 and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. The plaintiff seeks for orders that an order for injunction be granted restraining the registration of the transfer of parcel number LR 209/407/ 10 Kirichwa Lane Nairobi to the third defendant or any other person until the final disposal of this suit that the sale of the said property by the first defendant to the third defendan