Case law
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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: 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: 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: 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: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Omolo, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO. 223 OF 1999 (89/99UR) BETWEEN INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution pending the lodging and hearing of an intended appeal from the Ruling of the High Court of Kenya at
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: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN 1.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & PALL, JJ.A.) CIVIL APPLICATION NO. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction to restrain the Respondent from retaking possession of the Kendu Bay Total Service Station the subject matter of the Applicant's intended Appeal and to Restrain the R
Division and case type: CivilCivil Suit
rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.
Division and case type: CivilCivil Suit
would have been done on October 24, 1990 a day after the hearing and making of garnishee order absolute. That notification would have served no purpose on that date for no fault of the Garnishee who was not served as provided by Rule 1 (2) of the said order.
Division and case type: CivilCivil Suit
thereafter proceed to hearing de novo. This order has not been yet complied with and the consent order (which gives no time limit) is still there if the parties wish to give effect thereto.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2461 OF 1992 GITHUNGURI & ANOTHER T/A GITHUNGURI & COLLINS ARCHITECTS …….……..APPLICANT VERSUS KENYA RAILWAYS CORPORATION….…………… DEFENDANT
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS Civil Suit 3512 of 1990 PRUDENTIAL FINANCE LIMITED........................... PLAINTIFF VERSUS JOHNSON NGANGA MBUGUA............................DEFENDANT
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2604 OF 1988 DAVID MUOLA …………………………………….....…… PLAINTIFF VERSUS EAST AFRICAN PACKAGING LIMITED …….….........RESPONDENT
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2552 OF 1987 JAMES MUTULU OKUNNE ………………………………… PLAINTIFF VERSUS NZOIA SUGAR COMPANY LTD & ANOTHER….............DEFENDANTS