Case law
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Division and case type: CivilCivil Case
Parliament at the next or any subsequent session. They therefore became invalid and detention orders made became null and void ab initio.
Division and case type: CivilCivil Case
IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO 1150 OF 1983 PETER NJENGA……………………………………………………………....PAINTIFF VERSUS JAMES FINLAY (E A) HOLDINGS LTD………………………….................1ST DEFENDANT ENDESHA LTD……………………………………………………................2ND DEFENDANT RULING The plaintiff/applicant moved the court by way of Chamber Summons dated 2nd September 1983 for orders that the defendant’s herein be restrained from borrowing further sums of money using a security
Division and case type: CivilCivil Case
seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution. On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 3636 OF 1981 ALFRED MUHUHO………………………………………………………...................PLAINTIFF AND PIUS MWANGI WANGEREKA………………………………………….....................DEFENDANT
Division and case type: Milimani Commercial CourtsCivil Case
In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue by the court. In support of this defence Mr Nowrojee (with Mr I Kapila for the defendants) referred me to various passages in The Encyclopaedia of Forms and Precedents, 4th edition volume 9 and Halsbury’s Laws of England, 4th edition, volume 18, the substance of which is th