Judgment[2023] KEHC 27261
Case law
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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 HIGH COURT OF KENYA AT ELDORET Civil Case 10 of 1980 FRANCIS ORIGO...............................................1st PLAINTIFF PETER PANYAKO...........................................2nd PLAINTIFF VERSUS JACOB KUMALI MUNGALA............................... DEFENDANT RULING On 12th May, 2000 the Resident Judge Eldoret, Lady Justice Nambuye wrote to me thus on the above case: - "There is an application for Review pending in theabove file.
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 MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... PHILEMON OYIGO……………………....................................……………….
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Civil Appeal 119 of 1995 SAMWEL MWAURA.............................................................. APPELLANT Versus JAMES MUCHIRI .............................................................
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 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
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 11 OF 1992 SECURICOR COURIER (K) LTD………....…. APPELLANT VERSUS OWINO……………………………………..
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
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 6 OF 1987 CHELELGO LIMO …………………………….... APPELLANT VERSUS COMMISSIONER OF LANDS…….………….
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
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 4 OF 1988 C M S………………….....…..…. APPELLANT VERSUS S W S……..…………….……..
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPEAL NO 91 OF 1987 Between NANDWA....................................................................PLAINTIFF AND KENYA KAZI LTD.................................................RESPONDENT (Appeal from the High Court at Mombasa, Bosire J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J)