Judgment[2025] KEHC 19177
Case law
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Division and case type: CivilMiscellaneous Application
Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the Environment and Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing appeals under subsection (1) of this section the Court shall have all the pow
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU SUCCESSION CAUSE NO. 47 OF 2011 In the matter of the Estate of MZEE OMARI (Deceased) ABDALLA MUTEMBEI GISAGA.................................APPLICANT VERSUS PAMELA GACHERI PATRISIO.........................1ST RESPONDENT CRISUS MICHENI NDEKE (MWALIMU)..........2ND RESPONDENT NYAGA ISMAEL (SMATEX)............................3RD RESPONDENT JOSEPH MURITHI (MUEMBU).......................4TH RESPONDENT NJAGI NTIBA (CHIBU)...........................
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: Milimani Commercial CourtsCivil Suit
conduct of the defendant’s representatives could not excuse the failure to comply with the unless order the pleading had property been struck out.” The general principle is that orders of the court must be obeyed and a litigant who deliberately and without proper excuse disobeys such an order is not allowed to proceed. Singh Gitau for the Respondent did not come to court to argue his client’s position.
Division and case type: Environment and LandCivil Suit
The litigants argument is found at page 5 of the ruling 2nd paragraph line 10 from the bottom: “that order vii rule 1(2) Civil Procedure Rules is silent as to whether each plaintiff should file a verifying affidavit, that there is no need for filing affidavit by each plaintiff as what is to be verified is the correctness of the averments and not their truthfulness, that the truthfulness of the claim is a matter for the trial, that the verifying affidavit of the first respondent is sufficient
Division and case type: Milimani Commercial CourtsCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Suit 379 of 2004 ANTHONY AMBAKA KEGODE ……….............................……………..1ST PLAINTIFF UHAI LIMITED………………………….............................………………2ND PLAINTIFF VERSUS FOUR NINETY INVESTMENT LIMITED…….............................…..1ST DEFENDANT ADAM GRAIG OGDEN …………..……………..........................……2ND DEFENDANT EAST AFRICAN SAFARI AIR LIMITED………..........................….3RD DEFENDANT EAST AFRICAN
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Suit 1175 of 2005 ADAM THUMI…………………………………………………………….. PLAINTIFF VERSUS MAINA KIRIRO………………………………………...……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Division and case type: Milimani Commercial CourtsMiscellaneous Application
factors or to omit to consider relevant factors, and according to the Advocates Remuneration Order itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings and any direction by the trial judge." In this case, the applicant has faulted the taxing officer for failing to take into account the sum which was awarded by t
Division and case type: COMMERCIAL DIVISIONCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA COMMERCIAL DIVISION, MILIMANI CIVIL SUIT NO 1421 OF 2000 BILSON STEPHEN MUTUKU ……………….…………………..……...PLAINTIFF VERSUS KENYA COMMERCIAL BANK…………………………..……...1ST DEFENDANT DILIGENT AUCTIONEERS LTD ………………..…………….....2ND DEFENDANT SAMMY GICHUKI WAIGWA ……………………...………..……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order 16 Rule 5 (a) of the Civil Procedure Rules. The defendant seeks an order for the di
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. 494 OF 2003 DOMINIC ARONY AMOLO……………………….……..……..PLAINTIFF V E R S U S THE HON.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 1424 OF 1997 BENROSE FAST FOOD………...……..…………………………………..PLAINTIFF -VERSUSMURANGA PROPERTIES LTD……....….…………………………..DEFENDANT RULING In this application which is by Chamber Summons the applicant is asking for the Orders prayed in the application.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3257 OF 1978 ERIC PETER WANJAU .................................................PLAINTIFF AND GEORGE MUNDET ....................................................DEFENDANT R U L I N G On 26th of March, 1993 this court entered a judgment pursuant to an Award filed and read in court on 2nd December, 1992, in the presence of Mr.
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (CORAM:LAKHA J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 115 OF 2000 BETWEEN KAPLAN & STRATTON………………...........................……………APPLICANT AND L.Z.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL SUIT 1293 OF 93 BARNABAS EMBUKHANE & 9 OTHERS.…………PLAINTIFF -VERSUSGENERAL PLASTICS LIMITED.…………………….DEFENDANT
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & TUNOI, JJ.A.) CIVIL APPLICATION NO. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU .................................
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI 314 OF 1999 (122/99 UR) BETWEEN JOHN KIPKEMBOI KILEL .........................................
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL SUIT NO. 1267 OF 1999 DISHON GOGO & 6 OTHERS .............................PLAINTIFF VERSUS BRIGADIER JOHN SEREM & 10 OTHERS ...................DEFENDANTS R U L I N G Before this Court is Amended Chamber Summons brought under Order XXI Rule 22.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL SUIT NO. 2234 OF 1993 IDRIS KIBIRANGA ........................................................
Division and case type: CriminalMiscellaneous Application
is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1. I am, therefore, satisfied that an appeal does lie in the instant case without leave from the decision of the Judge which is sought to be appealed against.