Judgment[2009] KEHC 292
Case law
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Division and case type: Constitutional and Human RightsJudicial Review
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND…
Division and case type: Constitutional and Human RightsJudicial Review
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsJudicial Review
…(Peter Kaluma, Judicial Review: Law Procedure and Practice (LawAfrica, Second Edition, 2012), p. 178.) 14. It follows, therefore, that there was a breach of Article 47 for failure to give a requisite notice.…