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 Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. LOWE & COMPANY LIMITED …………………………….PLAINTIFF VERSUS CREDIT AGRICOLE INDOSUEZ …………………………1ST DEFENDANT BANK OF AFRICA KENYA LIMITED …………...…….….2ND DEFENDANT REGISTRAR OF TITLES, MOMBASA …………….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depe
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 Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CIVIL CASE NO 476 OF 2003 REPUBLIC ……………………….………...... APPLICANT VERSUS COMMISSIONER OF POLICE ………….
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA John Njoroge Warui vUniversal Bank Ltd High Court of Kenya at Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 583 of 2000 This is an application for an injunction under Order 39 rule 1, 2 and 3 and to restrain the defendant from repossessing or taking possession of motor vehicle registration number KAC 031J until the suit filed by the plaintiff/applicant against the defendant/respondent is heard and determined. The application is supported by
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 Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 630 OF 1996 KARL JENNING ……………….……………………………..
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 Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages by this Court. In the course of his evidence he vehemently denied or rejected the defence’s contention that his conduct ha
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 Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE 631 OF 1994 1. NJUGUNA ...............................................
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CIVIL CASE NO. 17 OF 1993 MURITHI KAGUNDU ……………………………………….
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 Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 56 OF 1989 PETER WAMBUA T/A NEW TAWA TYRE TRADING ………….….........………….. PLANTIFF VERSUS RETAIL HARDWARE & SANITARY STORES LTD & ANOTHER…………………..….
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 89 OF 1989 MICAHEL MUTUA KIEMA ……….....………….… PLAINTIFF VERSUS HAGGINSON MALINDI MWANGEMI GITAL CONSTRUCTION CO LTD ………….....
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 678 OF 1990 MARY WANJIRU GACHII ……………….……… APPLICANT VERSUS KENYA BUS SERVICES (MSA) LTD…………. RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 823 OF 1991 MATHIGU………...…… APPLICANT VERSUS MWAURA……..…………. DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Case 842 of 1988 JOHN KAMUNYU MURIGI…………..…..….....………………..PLAINTIFF - versus - PIRI MWATATA TEITEI…………...…..………...……….1ST DEFENDANT LAND REGISTRAR – KILIFI…………………....……...2ND DEFENDANT