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Division and case type: CivilCivil Case
seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution. On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 3636 OF 1981 ALFRED MUHUHO………………………………………………………...................PLAINTIFF AND PIUS MWANGI WANGEREKA………………………………………….....................DEFENDANT
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….……………….. APPELLANT AND WACHIRA RUCATHI ……………….………..……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia), the appellant, wants a decision of the High Court in Nyeri (O’Kubasu J) of September
Division and case type: Milimani Commercial CourtsCivil Case
In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue by the court. In support of this defence Mr Nowrojee (with Mr I Kapila for the defendants) referred me to various passages in The Encyclopaedia of Forms and Precedents, 4th edition volume 9 and Halsbury’s Laws of England, 4th edition, volume 18, the substance of which is th
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Law, J.A. Kneller and Hancos, Ag, JJ.A.) CIVIL APPEAL NO.