Judgment[2025] KEELC 18646
Case law
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Division and case type: Environment and LandLand Case
optional, rather, it is mandatory and a person does not choose whether to obey a court order or not...The courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and centre. This would amount to abdication of our sacrosanct duty bestowed on us by the Constitution.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE WINDING UP CAUSE N0. 01 OF 2011 IN THE MATTER OF THE COMPANIES ACT CHAPTER 486 AND IN THE MATTER OF INTESTATE PETROLEUM COMPANY LIMITED AFRICA OIL TURKANA (K) LIMITED..................1ST PETITIONER AFRICAN OIL CORPORATION ..............................2ND PETITIONER AFRICAN OIL KENYA BV .......................................
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Environment and LandLand Case
the applicant has met the threshold as set in the Mrao case and I see no reason to deny her the orders sought pending the hearing and determination of the suit. The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff.
Division and case type: CivilCivil Suit
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: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: CivilCivil Suit
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 OF KENYA AT MOMBASA Civil Suit 237 of 1999 ABDALLA A. BAJABER….………………….………………….………PLAINTIFFS VERSUS CHEPKWE HOLDINGS LTD & ENOCK TUITOK .…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
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: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 125 of 2004 ABDI YASIN KOIKAI…………...………………………….........…..………..PLAINTIFF VERSUS OLE NAKUYAKI SAMSON & 11 OTHERS ………….....…………..….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section 28 of the Land (Group Representatives) Act Cap 287. They also said that it contravened
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