Case law
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Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 731 OF 2003 ALEX KIARIE THIRU.......................................................................................................PLAINTIFF VERSUS CANNON ASSURANCE (K) LIMITED .......................................................................DEFENDANT
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 39 of 2005 JAYNTILAL DHAMSHI GOSRANI ……………………….PLAINTIFF VERSUS KENYA OIL COMPANY LTD.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 616 of 2009 DR. MAINA MWEA T/A SPAX PUB & RESTAURANT ......................................................PLAINTIFF VERSUS GEORGE KIMANI NJUKI ………………..…………… ………...1ST DEFENDANT GEPRGE WAINAINA REBO…………………………………….2ND DEFENDANT RULING 1.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Civil Case 29 of 2007 FRIDAH NYAGUTHII MUNENE…………......…….PLAINTIFF Versus PETER MURIITHI KINGAU....…………........1ST DEFENDANT BERNARD KARERU KAROKI…………..….2ND DEFENDANT PHYLIS WANJIRA KANGANGI……….……3RD DEFENDANT J U D G M E N T This is a suit instituted by way of an amended plaint dated 23rd May, 2007 and filed in court on the same day through Messrs Rika & Co. In that amended plaint, Frida Nyaguthii Munene, hereinafter referred
Division and case type: CivilCivil Case
On the setting aside the courts dismissal orders . The Plaintiff and through his advocate gave an explanation that the service upon him had been done by registered post to the advocate.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 2772 of 1997 ALLAN S. REYNOLDS .................................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree pending appeal.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 862 of 2004 ALBERT KIRUTHI MUKABI (T/a PIPELINE HARDWARE)...PLAINTIFF V E R S U S CITY COUNCIL OF NAIROBI ..............................................DEFENDANT R U L I N G It is conceded by the Plaintiff’s learned counsel that this suit can no longer be maintained. This is because of the expiry of the Plaintiff’s trading licence on or about the 31st December, 2004 upon which the suit was based.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Milimani Commercial CourtsCivil Case
Plaintiffs case when she observed that the Plaintiffs had not shown a prima facie case that the orders sought in their plaint could be granted. On the basis of a letter by Kodak Company in which Kodak
Division and case type: Milimani Commercial CourtsCivil Case
I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in any other way alienati
Division and case type: Milimani Commercial CourtsCivil Case
Plaintiffs case when she observed that the Plaintiffs had not shown a prima facie case that the orders sought in their plaint could be granted. On the basis of a letter by Kodak Company in which Kodak
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Civil Case 373 of 2006 AFRICA ECO-CAMPS LTD. …………………………… PLAINTIFF VERSUS FIDELITY COMMERCIAL BANK LTD.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 371 of 2003 ECON CONSTRUCTION AND ENGINEERING LIMITED………….PLAINTIFF VERSUS GIRO COMMERCIAL BANK LIMITED………...……………..1ST DEFENDANT WAITHAKA MWANGI………………………..…………..……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The 1st defendant seeks an
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL DIVISION, MILIMANI Civil Case 1020 of 2002 ALUTA HOLDINGS LTD………………………..………………………PLAINTIFF VERSUS RAJ PARMAR……………………………………………………..…DEFENDANT RULING In this application (by chamber summons dated 7th October, 2005) the Defendant, RAJ PARMAR, seeks an order that the Plaintiff, ALUTA HOLDINGS LTD, do serve the Defendant particulars of the plaint as requested for in the request for particulars filed on 22nd July, 2005. The Defenda
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Civil Case 189 of 1989 BENJAMIN SIPITALI MUNGWANA ……..................PLAINTIFF (NOW DECEASED) VERSUS NORAH KHAOYA SHEM) JENIPHER ACHINGO MUNGWANA) ……...………….............………. DEFENDANT AND SHEM NALIANYA SIBITALI ………………………………............……...
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CivilCivil Case
REPUBLICOF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL CASE NO. 89 OF 2000 FLORENCE WAMBUI MWANGI ……………………………PLAINTIFF VERSUS MICHAEL WARUI GITHINJI ………………………………DEFENDANT J U D G M E N T Florence Wambui Mwangi brought this suit in her capacity as the Administratrix of the Estate of her late sister Jane Nyambura Mwangi seeking general and special damages under the Fatal Accidents Act and the Law Reform Act against Michael Warui Githinji and James Macharia (hereinafter referred to as 1st & 2
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO. 104 OF 1999 STEPHEN NJOROGE KIBOI………..…………………………PLAINTIFF VERSUS DANIEL NGULI KYALO……………………………….1ST DEFENDANT MASAI ITUMO…………………………………………2ND DEFENDANT RULING The Plaintiff filed this suit against the Defendants on 12th March, 1999.