Case law
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Division and case type: CivilCivil Appeal
…The order in question was not capable of being enforced or being complied with.…
…Order 45/7 deals with matters relating to “Service of copy of judgment, etc, pre-requisite to enforcement under rule 5”. (The underlining is ours).…
Division and case type: CivilCivil Appeal
…day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal enforcement…
Division and case type: CivilCivil Appeal
…Agencies (EA) Ltd Court of Appeal, at Nairobi February 20, 1984 Potter, Kneller JJA & Chesoni Ag JA Civil Appeal No 55 of 1982 Commercial Instruments - promissory notes - bills of exchange - cheques - definition - purpose of - enforcement…
…Promissory notes are promises to pay, the object of which is to prevent disputes relating to the amount due by enabling the holder of the note to enforce payment when it becomes due (Angle-Italian Bank v Wells: Anglo-ltalian…
Division and case type: CivilCivil Appeal
…They also stipulate that the award of an arbitration is to be a condition precedent to the enforcement of any rights under the contract; so that a party has no cause of action in respect of a claim falling within the clause…
Division and case type: CivilCivil Appeal
…The plaintiff maintains that in neither case should the exclusive jurisdiction clause be enforced it being not binding upon the courts in Kenya which should assume jurisdiction over the two suits rather than the court in…
…Jurisdiction clause however should normally be respected because the parties themselves freely fixed the forums for the settlement of their disputes; the court should carry out the intention of the parties and enforce the…
Division and case type: CivilCivil Appeal
…The averred that the prayers in the plaint were incapable of enforcement; that it was in any case incompetent because there was a pending previously instituted suit, to wit Nairobi High Court Civil Case No. 2598 of 1986,…
Division and case type: CivilCivil Appeal
…That the Officer Commanding Station, Voi Police Station together with the officers under him be requested to supervise the enforcement of orders No 1-6 above. 8.…