Judgment[2023] KEHC 27214
Case law
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Division and case type: Environment and LandCivil Appeal
Ogolla v Onyango Otunga & Company Advocates (Civil Appeal E101 of 2023) [2023] KEHC 27214 (KLR) (27 December 2023) (Ruling) Neutral citation: [2023] KEHC 27214 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL E101 OF 2023 RE ABURILI, J DECEMBER 27, 2023 BETWEEN GEORGE OGOLLA .................................................................................. APPELLANT AND ONYANGO OTUNGA & COMPANY ADVOCATES ......................
Division and case type: CivilCivil Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Appeal 59 of 2006 JACKSON NZARO……………………………………………………….APPELLANT VERSUS KAVITA BHATT……………………………………………………….. RESPONDENT J U D G M E N T This is an appeal against the decision of the Principal Magistrate given on the 30th March 2006 allowing the Respondent’s applications dated 17th March 2006 and 15th March 2006 in Mombasa CMCC Numbers 817 of 2006 and 993 of 2006 respectively which had been consolidated.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A. (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO.
Division and case type: CivilCivil Appeal
decision of a single Judge (Shah, J.A.). On the 31st January, 1998, the learned single Judge made an order which, inter alia, awarded VAT at 15% to the bill of costs which had been taxed by a Deputy Registrar of the court at Mombasa at the total sum of Shs.15,635/=.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... PHILEMON OYIGO……………………....................................……………….
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, KWACH & OMOLO JJ A ) CIVIL APPEAL NO 159 OF 1994 BETWEEN CAR & GENERAL (K) LIMITED ...........................APPELLANT AND DIAMOND TRUST OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT OF THE COURT We think this appeal is clearly devoid of any merit. The appella
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.) CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN H.C.C.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA ( Coram: Gachuhi, Muli & Tunoi JJ A ) CIVIL APPEAL NO. 5 OF 1993 BETWEEN VICTORIA DE MEO..............................................................APPELLANT AND 1.
Division and case type: CivilCivil Appeal
Accordingly we enhance the damages to Kshs 40,000/-. We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Farrah v Kenya Ports Authority Court of Appeal, at Mombasa ` March 16, 1992 Hancox CJ, Gachuhi, Cockar JJ A Civil Appeal No. 138 of 1991 March 16, 1992, Hancox CJ, delivered the following Judgment.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS))
Division and case type: CivilCivil Appeal
from the type of agency which has to be considered as part of the law of principal and agent, in order to ascertain whether a principal is bound by an agreement purportedly made by his agent. Since the defence was immediately taken over by the advocate the necessity thenceforth for a recognised agent disappeared.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: NYARANGI, GACHUHI & MASIME JJ A) CIVIL APPEAL NO 59 OF 1986 JIWA……………………………..……….. APPELLANT VERSUS JIWA & ANOTHER………...………… RESPONDENTS (Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Rauf J) dated 15th July, 1985 in Civil Case No 851 of 1985)
Division and case type: CivilCivil Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Gachuhi, Nyarangi & Gicheru JJ A) CIVIL APPEAL NO 16 OF 1989 MAKALA MAILU MUMENDE ........................................PLAINTIFF VERSUS NYALI GOLF & COUNTRY CLUB....................................DEFENDANT
Division and case type: CivilCivil Appeal
Ako v Special District Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG. JA JUNE 19, 1989 BETWEEN AKO ............................................................................................................