Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…In the same case Platt JA held and the other members of the court agreed with his Lordship that if there is no service, then ex debito justitiae, the judgment in default must be set aside.…
…He further depones that on sale of the vehicle, the judgment debt due will be credited with the amounts realized.…
Division and case type: CivilCivil Case
…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…
…This judgment was given on February 3, 1981, that is four years ago. On the other hand, the back injury in that case was much more severe than in our case.…
Division and case type: CivilCivil Case
…After the commencement of the hearing the parties recorded a consent order for judgment in the sum of Kshs 18,263.80 in a way of special damages.…
…An amount has been agreed and judgment entered for the sum of Kshs 18,262,80. There could not have been a consent judgment if there was no admission of liability.…
Division and case type: Milimani Commercial CourtsCivil Case
…Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That…
Division and case type: CivilCivil Case
…May 31, 1988 Aluoch J delivered the following Judgment.…
…That in this situation, his client Bernard Kairu obtained a judgment in his favour, that judgment must be satisfied.…
Division and case type: CivilCivil Case
…1989, Tanui J delivered the following Judgment.…
…judgment was recorded.…
Division and case type: CivilCivil Case
…It is obvious that the Plaintiff has based its claim on the Judgment mentioned earlier. It is that Judgment that it alleges to have interfered with its rights as mortgagee.…
…If it was not for that Judgment, the Plaintiff would have agitated its claim as mortgagee with reference to that Judgment.…
Division and case type: CivilCivil Case
…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…
…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…
Division and case type: CivilCivil Case
…Potter JA, stated in his judgment – “In his Ruling Simpson, J (as he then was) observed that the facts material to the application for judgment were expressly or impliedly admitted in the defence and that the defendants relied…
…entitling the plaintiff to judgment.…
Division and case type: CivilCivil Case
…Throughout the whole of the judgment this point is stressed.…
…Lord Porter’s judgment throughout reflects that “normally a licence is revocable.”…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 359 OF 1991 MARTHA WANGARI NJOKA...................PLAINTIFF VERSUS NAIROBI CITY COMMISSION................DEFENDANT JUDGMENT The only outstanding question…
…The judgment was entered in accordance with the holding in the case of Cleaver – Hume Ltd -vBritish Tutorial College (Africa) Ltd [1975] EA 323.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 1091 OF 1994 ADRIAN WEKULO MUKHEBI.................................PLAINTIFF V ALCON HOLDINGS LTD.........................................DEFENDANT JUDGMENT October…
…, 24, 2002 R Kuloba, Judge delivered the following judgment.…
Division and case type: CivilCivil Case
…Firstly that the judgment which this court pronounced on 10th March, 1989, after an ex parte trial, be vacated.…
…Mr Kishor Nanji, counsel on record for the respondent company conceded that the hearing notice was returned undelivered, but long after the judgment sought to be vacated had been delivered.…
Division and case type: Milimani Commercial CourtsCivil Case
…These two cases were consolidated and this judgment will relate to the two suits.…
…I will refer to them in this judgment as the adult and the infant respectively. The adult was born in 1938. He did not have a great deal of formal education.…
Division and case type: CivilCivil Case
…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…
…Firstly, he relies on the judgment debtor’s own handwritten letter dated 27th November (Exh FGMI) in which, inter alia, he had said: “I request you to instruct the auctioneer to release my vehicle as I have agreed and I am…
Division and case type: Milimani Commercial CourtsCivil Case
…In my judgment, the question of whether or not a police officer prosecutes as agent for a complainant is a question of fact and degree.…
…There is an item No III which is for KShs. 24 for the cost of the proceedings and judgment in Makadara court but it appears that only the judgment, and not the proceedings, was obtained.…
Division and case type: Milimani Commercial CourtsCivil Case
…But his own personal judgment was, according to him, confirmed by the defendant on the spot.…
…But his error of omission was not great, nor was it, in my judgment, the decisive cause of the accident. Tragic consequences light up small errors.…
Division and case type: CivilCivil Case
….….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS JUDGMENT This is the plaintiff’s claim against the defendant for damages for the personal injuries which she suffered when she and the…
…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…
Division and case type: CivilCivil Case
…On application by the plaintiff an interlocutory judgment was entered against the defendant and suit listed for formal proof.…
…In that judgment the plaintiff lost 4 fingers of the left hand and he was hospitalised for one month. General damages for pain suffering and loss of amenities were assessed at kshs. 440,000/- on 26th April, 1993.…
Division and case type: CivilCivil Case
…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
…he may be entitled to, without waiting for the determination of any other question between the parties; and the court may upon such application make such order, or give such judgment, as the court may think just.”…