Case law
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Division and case type: CriminalCriminal Appeal
…the High Court in HC P&A 55/91 which had prohibited the appellant from being in possession of the suit land Irong/Sergoit/777, the learned Resident Magistrate erred in law in failing to enquire and find out if there was a court…
…order in force which had been served upon the appellant and the appellant had flouted the said court order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure…
Division and case type: CriminalCriminal Appeal
…may order a separate trial of any count or counts of the charge or information.”…
…The High Court order that the sentences in the separate trials do run consecutively is therefore set aside and we substitute an order that the sentences in Criminal Case 213/84 and 212/84 shall run concurrently.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…
Division and case type: CivilCivil Suit
…It is for these reasons that the applicant cannot understand why his land should be sold without a court order for failure to meet this obligation.…
…The parties in this application being different from the parties in Civil Suit No 115 of 1984, any order of the court made, cannot affect them or anybody else who is not a party to it.…
Division and case type: CivilCivil Suit
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…Order VIA rule 3 commences that: “3 (1) Subject order 1, rules 9 and 10 …. and the following provisions of the rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise as may be just and…
Division and case type: CivilCivil Suit
…to order the defendant to accept back his money and give the plaintiff back his shamba which he mortgaged to him.…
…Jessel MR in Pulbrook v Richmond Consolidated Mining Co., (1878), 9, Ch, D 610, 615 (CA) explained the consequence of a court order for the rectification of the register of a company in this way “The name of Mr Cuthbert has…
Division and case type: CriminalCriminal Appeal
…The police went and obtained a court order from Murang'a court to exhume the body but when the grave was dug, not one, but four, bodies were found in it.…