Judgment[2023] KEHC 26677
Case law
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Division and case type: CriminalMiscellaneous Criminal Application
Republic of Kenya High Court, at Nairobi (Appellate Side) Criminal Appeal No 997 of 1984 Chege v Republic (Appeal from the District Magistrate’s Court at Kandara, L T Macua Esq, Criminal Case No 825 of 1983) Advocates Appellant present and unrepresented W Ngugi (Miss) (State Counsel) for respondent October 22, 1985, Mbaya J delivered the following Judgment. The appellant was convicted of creating disturbance in a manner likely to cause a breach of peace contrary to section 95(1) of the Penal
Division and case type: CriminalMiscellaneous Criminal Application
IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................
Division and case type: CriminalMiscellaneous Criminal Application
is between one to ten and one to twelve. It is not difficult to arrange well-conducted parades.
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: 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: 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: 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
Division and case type: CRIMINAL DIVISIONMiscellaneous Criminal Application
REPUBLIC OF KENYA Waweru v Republic High Court, at Nairobi August 14, 1985 Schofield J Criminal Appeal No 1723, 1724 & 1725 of 1984 (Appeal from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants absent, unrepresented, and not wishing to be present Miss W Ngugi, for respondent August 14, 1985, Schofield J delivered the following Judgment. Jackson Waweru (1st appellant), Francis Njoroge (2nd appellant) and Nelson Mwaniki (3rd appellant) were three of four accused
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 73 OF 2002 DIETRICH BOELLING ….…….……………..
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISCELLANEOUS CRIMINAL APPLICATION NO.567 OF 2003 FELIX MACHARIA MAGAWA........................................APPLICANT VERSUS REPUBLIC..............................................................RESPONDENT RULING The applicant herein has applied to this Court for:- 1. Consolidation of Criminal Case No.1030 of 2003, Criminal Case No.1386 of 2003 and Criminal Case No.1387 of 2003, all preferred against him in Nairobi Chief Magistrate’s
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 74 of 2002 BEATRICE AGOLA OPONDO………...........................................…………………….PLAINTIFF VERSUS SWALEH SALIM SAID………….....................................…………………………..DEFENDANT
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA AT MOMBASA CIVIL SUIT NO. 95 OF 2003 ALII MARO HERO ………………………………………….
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.