Court decisions & case law

Judgment[1997] KEHC 481 July 1997

KEMFRO (A) LTD v s KABARE BARAGWI & NGARIAMA CO-OP SOCIETY LTD &

High Court at Nairobi

Judgment[1997] KECA 31110 June 1997

LUCY NYAMBURA RITHO & ANOTHER v PUBLIC TRUSTEE & ANOTHER

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Amuga

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.

application failsDismissed1 min read

Judgment[1997] KEHC 4418 May 1997

KARL JENNING v ALI LIWALI

High Court at MombasaJudgement without directing the defendant either to furnish,security or to appear,show cause why he should not furnish security breached orderCIVIL CASE NO. 630 OF 1996

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 ……………….……………………………..

5 min read

Judgment[1997] KECA 32913 May 1997

EDWARD RIITHO & 3 OTHERS v EDWARD RIITHO

Court of Appeal at NairobiAluoch,JUDGE APPEAL,Akhaabi

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.

3 min read

Judgment[1997] KECA 23527 April 1997

FARMERS INDUSTRIES LIMITED v KENYA COMMERCIAL FINANCE CO. LTD & ANOTHER

Court of Appeal at NairobiMbito,JUDGE APPEAL

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, PALL, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPLICATION NO.

appeal succeedsAllowed1 min read

Judgment[1997] KEHC 498 April 1997

ELIUS GACHII KARANJA v CONCORD INSURANCE COMPANY LIMITED

High Court at NairobiJUDGE APPEAL,judge High Court,Hamilton QCCIVIL CASE NO. 1426 OF 1993

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1426 OF 1993 ELIUS GACHII KARANJA .................................

9 min read

Judgment[1997] KECA 1875 April 1997

WILSON ORITO OMUSINA v JOHN KIMOSOP MAINA & 2 OTHERS

Court of Appeal at NairobiMbogholi,JUDGE APPEAL

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (BOSIRE AG. JA (IN CHAMBERS) CIVIL APPLICATION NO.

1 min read

Judgment[1997] KECA 30024 March 1997

ALFARUS MULI v LUCY M. LAVUTA & ANOTHER

Court of Appeal at NairobiJUDGE APPEALCivil Case 396 of 2013

Division and case type: CivilCivil Case

REPUBLIC OF KENYA ALFARUS MULI .......................................... LAVUTA DODHIA STORES .........................................

1 min read

Judgment[1997] KECA 3209 March 1997

EVANSON K. NJOROGE & ANOTHER v KEBIRIGO GENERAL STORES LIMITED

Court of Appeal at NairobiJUDGE APPEAL,KAMENWA NJENGA

Division and case type: GeneralUnclassified

Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed under rule 5 2(b) of the Rules of this Court pending hearing and disposal of their intended appeal. In the result, we think that the two consolidated applications are unmeritorious and the same are dismissed with costs to the respondent.

1 min read

Judgment[1997] KEHC 3723 February 1997

JANE WANJA MWANGI v NAIROBI CITY COMMISSION

High Court at Nairobime is not clear on the titles of officers,name of the department or,division of the City Council under which the Plaintiff worked,Njau,Peter Njiru NjagiCIVIL CASE NO.597 OF 1990

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI H.C.C.CIVIL CASE NO.597 OF 1990 JANE WANJA MWANGI .................................. PLAINTIFF VERSUS NAIROBI CITY COMMISSION ...........................

15 min read

Judgment[1996] KECA 13720 November 1996

CHARLES WANJAU KARIMI v REPUBLIC

Court of Appeal at NairobiJUDGE APPEAL

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. J.A.) CRIMINAL APPLICATION NO.

1 min read

Judgment[1996] KEHC 2829 September 1996

FRANCIS GACHANJA & ANOTHER v MWANGI KAMAU

High Court at NairobiJudge Cockar,Muguku,Kamau Wanguru,MomanyiCase number Civil Case 3401 of 1989

Division and case type: Milimani Commercial CourtsCivil Case

so that if the court subsequently adopts that award it may be difficult to execute the resultant order especially at the Land Registry. Learned counsels in this matter do not seem to see all these.Counsel for the applicant is only complaining at the Arbitrator’s misconduct.

6 min read

Judgment[1996] KEHC 304 September 1996

KATHERINE K. MBITI & 2 OTHERS v CONSOLIDATED BANK OF KENYA

High Court at NairobiImanyaraCase number Civil Case 120 of 1996

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 120 OF 1996 KIATHI TRADING CO.

4 min read

Judgment[1996] KEHC 8927 August 1996

Hassan & 4 others v Kenya Wildlife Service

High Court at NairobiCase number Civil Case 2959 of 1996

Division and case type: CIVIL DIVISIONCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting an injunction – grant of injunction against removal of a rare and endangered species from its natural habitat - preservation of wild animals in their natural habitat. Wildlife – statutory powers of Kenya Wildlife Service – Wildlife (Conservation & Management) Act (cap 386) s

4 min read

Judgment[1996] KEHC 130 June 1996

Fulchand Manek & another v Bullion Bank Limited

High Court at NairobiCase number Civil Case 101 of 1996

Division and case type: Milimani Commercial CourtsCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NUMBER 101 OF 1996 FULCHAND MANEK & BROTHERS…………………………..………PLAINTIFF VERSUS BULLION BANK LIMITED……………………………………………….DEFENDANT RULING There being no denial by the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application for summary judgment, I am of the view that the defence filed a hall

1 min read

Judgment[1996] KEHC 431 January 1996

CHAIRMAN & SECRETARY - TABLIGH FLYSABULLAHI MARKAZ SELF HELP GROUP v DAVID MOTUKU NZAU

High Court at MachakosJudge Chambers,Nzei,Mulwa,Nzei argued Mr,OsolikaCase number Civil Case 64 of 1995

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Civil Appeal 64 of 1995 CHAIRMAN & SECRETARY TABLIGH FLYSABULLAHI MARKAZ SELF HELP GROUP..APPELLANTS VERSUS DAVID MOTUKU NZAU …………….................................................................……...…..…… RESPONDENT Corum: J. Nzei Advocate for Appellant/Applicant Mr.

10 min read

Judgment[1995] KEHC 12510 December 1995

De v a Samat Keshwala &

High Court at KeshwalaCase number Civil Case 2213 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2213 OF 1991 DEVA SAMAT KESHWALA & 10 OTHERS.....................APPLICANTS VERSUS TOLK INVESTMENTS (K) LTD..........................................DEFENDANT UNITED NATIONS FOOD PROGRAMME...........................DEFENDANT RULING On the 15.12.92 I dismissed the application filed by the second defendant on 10.2.92. That application sought an order that the name of the second defendant be struck out and the suit against the

3 min read

Judgment[1995] KEHC 123 October 1995

rosemary wanjiku kinyanjui v martin wainaina kinyajui

High Court at NairobiCase number Civil Case 1676 of 1995

Division and case type: Milimani Commercial CourtsCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 1676 OF 1995 ROSEMARY WANJIKU KINYANJUI …………..PLAINTIFF VERSUS MARTIN WAINAINA KINYAJUI……….....….RESPONDENT RULING OF THE COURT Before the 24th October, 1995, I had considered the application before me and said as follows: “The parties herein have been in matrimony for thirty one years. They have materially prospered together and can without embellishment be said to be quite rich.

9 min read

Judgment[1995] KEHC 7310 October 1995

Dionysius Omambia Onyinkwa v Kenya Ports Authority

High Court at Mombasathat,committee,heard,challenged the accusations which were levelled against himCase number Civil Case 706 of 1992

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

3 min read

Judgment[1995] KEHC 7627 August 1995

Kimani Wanyoike v Electoral Commission & another

High Court at NakuruKimani Wanyoike,Gitobu Imanyara,Imanyara,Kivuitu Mr,KivuituCase number Miscellaneous Civil Case 111 of 1995

Division and case type: CivilCivil Case

The respondents swear that they were prepared to accept the applicants papers if they were in order despite the order from the Chief Magistrate, Nakuru if the same were presented within the prescribed time. No attempt was made to present the papers within the prescribed time.

10 min read