Search court decisions

…plaintiff seeks for orders that an order for injunction be granted restraining the registration of the transfer of parcel number LR 209/407/ 10 Kirichwa Lane Nairobi to the third defendant or any other person until the final disposal…

…By a plaint filed on 9th July, 1987 the plaintiffs pray for the reliefs set out afore and add a prayer for damages for unlawful sale and purported disposal of the plaintiffs’ property.…

…prove that: (a) the goods i.e. cassette and the cups, were stolen; (b) the appellant had knowledge or reason to believe that they were stolen goods; (c) he dishonestly undertook or assisted in their retention, removal, disposal…

…or realization; (d) the retention, removal, disposal or realization was by or for the benefit of another person; The prosecution through the evidence of Richard Namasaka proved that the cassette and cups were stolen goods…

…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…

…In the circumstances, I find that this is not a proper case for summary disposal, and that both parties ought to have the dispute resolved on merit following a full trial.…

…plaintiff’s/applicant’s application filed in this court on 13.11.84 was stood over to 8.1.85 before the Duty Judge and the caveat lodged in respect of L R No.10445/3 situated in Nyandarua District was extended pending the disposal…

…stolen goods if otherwise than in the course of stealing or knowing or having reason to believe them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes, or assists in, their retention, removal, disposal…

…The precedent that follows covers the second limb of the section, namely:- “dishonestly undertakes, assists in their retention, removal, disposal or realization by or for the benefit of another person (etc).”…

…certificate of urgency, seeking inter alia, leave to represent the union members at Emco Steel Company Ltd, and for a temporary injunction restraining the defendants/respondents from conducting the said elections until the disposal…

…In the result, the plaintiffs application for temporary injunction pending the disposal of this suit is dismissed with costs. The ex-parte temporary injunction is also hereby discharged.…

…Although silent on the prayer for orders restraining the partitioning and disposal of the suit land, from the evidence the plaintiff does not want such sub-division to occur and the land to be shared out between him and his…

…The principles on which the courts act in deciding whether or not to grant an injunction pending the disposal of a suit enunciated by the former Court of Appeal in the case of Gieko vs Cassman Brown and Co Ltd, (1973) EA…

…It is also hereby ordered that pending the disposal of the suit, the applicant shall pay monthly to the 1st respondent the sum of Shs 30,000/- with effect from 31st December, 1991 and thereafter on the last day of each subsequent…

…The principles on which the courts act in deciding whether or not to grant an injunction pending the disposal of a suit enunciated by the former Court of Appeal in the case of Gieko vs Cassman Brown and Co Ltd, (1973) EA…

…It is also hereby ordered that pending the disposal of the suit, the applicant shall pay monthly to the 1st respondent the sum of Shs 30,000/- with effect from 31st December, 1991 and thereafter on the last day of each subsequent…

…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…

…Furthermore, if the 3rd Defendant was at fault in the process of its procurement, Section 25 of the Public Procurement and Disposal Act provides an appropriate remedy. Finally, Mr.…

…The defence had no objection and the court made orders for the withdrawal to that suit with costs to the defendant and with a further order that the defendant do proceed to process the counter claim for hearing and final disposal…

…Since the maize was in the hands of the police and had not been produced before the Court as an exhibit, it is my opinion that the magistrate could have made no order affecting its disposal so that whoever claimed ownership…

…Mr Ombego, advocates for the plaintiff and the defendant, respectively, for the painstaking research they have made into the law and custom of the Luo people, and for the authorities and writings they have placed at my disposal…

…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…