Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known as Umoja Enterprises Limited pending the hearing and final disposal…
…relevant I find, that the plaintiff is entitled to have an order issued restraining the defendants as added above from selling and transferring any of their shares in Umoja Enterprises Limited pending the hearing and final disposal…
Division and case type: CivilCivil Case
…plaintiff seeks for orders that an order for injunction be granted restraining the registration of the transfer of parcel number LR 209/407/ 10 Kirichwa Lane Nairobi to the third defendant or any other person until the final disposal…
…By a plaint filed on 9th July, 1987 the plaintiffs pray for the reliefs set out afore and add a prayer for damages for unlawful sale and purported disposal of the plaintiffs’ property.…
Division and case type: Environment and Land CourtPetition
…As already stated above, the 1st Respondent has the constitutional responsibility for refuse removal, refuse dumps, and solid waste disposal in the County, which mandate includes identifying and operating waste disposal sites…
…Further, Section 88 of the Environmental Management and Co-ordination Act provides that any person intending to operate a waste disposal site or plant shall prior to commencing with the operation of a waste disposal site…
Division and case type: Environment and Land CourtPetition
…The deponent states that the dispute relates to the waste disposal site and solid waste management system located at Mayungu in the Casuarina area of Malindi.…
…That the 1st respondent is committed to embracing the reduce, reuse and recycle paradigm, the demarcation of designated areas within disposal sites for the segregated disposal of different waste constituents, providing of…
Division and case type: Environment and Land CourtPetition
…(a) and (b) of the Constitution of Kenya Protection of Rights and Fundamental Freedoms Practice and Procedure Rules 2013 famously known as the “Mutunga Rules” allows petitions to be disposed of by way of affidavit; that disposal…
…Thus it is clear from earlier decisions that the default manner of disposal of petitions is by way of affidavit evidence and written submissions, and though it is within the right of a petitioner to apply for leave of court…
Division and case type: Environment and Land CourtPetition
…the overriding objective specified in section 1A, the Court shall handle all matters presented before it for the purpose of attaining the following aims — (a) the just determination of the proceedings; (b) the efficient disposal…
…of the business of the Court; (c) the efficient use of the available judicial and administrative resources; (d) the timely disposal of the proceedings, and all other proceedings in the Court, at a cost affordable by the…
Division and case type: Environment and Land CourtPetition
…Where a court has ordered a petition to be disposed of by way of written submissions and no other method of disposal has been provided for, that petition can not be deemed to have been prosecuted unless the submissions are…
…Such non-compliance not only delays the disposal of a suit unnecessarily but also undermines the proper functioning of the judicial process.…
Division and case type: Environment and Land CourtPetition
…However now that it has been established that the Deputy Registrar of this court is seized of jurisdiction to hear the application, I order that the same be placed before the Deputy Registrar for hearing and final disposal…
Division and case type: CivilCivil Case
…In the circumstances, I find that this is not a proper case for summary disposal, and that both parties ought to have the dispute resolved on merit following a full trial.…
Division and case type: Environment and Land CourtPetition
…CONCLUSION AND DISPOSAL ORDERS 11. The upshot of the foregoing is that the court finds merit in the 5th respondent’s notice of preliminary objection and the same is hereby upheld.…
…As a consequence, the court makes the following orders for disposal thereof; a. The 5th respondent's notice of preliminary objection dated 11.10.2024 is hereby upheld. b.…
Division and case type: Milimani Commercial CourtsCivil Case
…plaintiff’s/applicant’s application filed in this court on 13.11.84 was stood over to 8.1.85 before the Duty Judge and the caveat lodged in respect of L R No.10445/3 situated in Nyandarua District was extended pending the disposal…
Division and case type: Environment and Land CourtPetition
…of waste; Section 88 provides for application of waste license so as to operate a waste disposal site. r. …
…The County Government has failed to regulate waste disposal and enforce planning laws. The Kenya Urban Roads Authority (KURA) has allowed encroachment on pedestrian pathways. 55. …
Division and case type: Environment and Land CourtPetition
…the interpretation of any of its provisions, seek to give effect to the overriding objective” while under section 1B some of the aims of the said objectives are; “the just determination of the proceedings; the efficient disposal…
…of the business of the Court; the efficient use of the available judicial and administrative resources; and the timely disposal of the proceedings, and all other proceedings in the Court, at a cost affordable by the respective…
Division and case type: Environment and Land CourtPetition
…Parties to comply with the directions given on 28/4/2025 for expeditious disposal of the sustentative application.…
Division and case type: CivilCivil Case
…certificate of urgency, seeking inter alia, leave to represent the union members at Emco Steel Company Ltd, and for a temporary injunction restraining the defendants/respondents from conducting the said elections until the disposal…
…In the result, the plaintiffs application for temporary injunction pending the disposal of this suit is dismissed with costs. The ex-parte temporary injunction is also hereby discharged.…
Division and case type: Environment and Land CourtPetition
…quo for 14 days within which the Petitioners were to file an application before the appellate court. 3 It is averred that the application before the Court of Appeal has been certified urgent and directions issued on its disposal…
…The duty judge at the Court of Appeal has certified the application urgent and evidence in this regard was attached to the supporting affidavit herein including the directions given for disposal of the application which the…
Division and case type: Environment and Land CourtPetition
…The need for expeditious disposal of cases, b. The prima facie merits of the intended appeal, in the sense of not whether it will probably succeed or not but whether it is an arguable one, c.…
…I will therefore be guided by the requirement for expeditious disposal of cases and the scarcity and optimum utilization of judicial time.…
Division and case type: Environment and Land CourtPetition
…Conclusion and disposal orders 22. The upshot of the foregoing is that the court and holds that the petition must fail for reasons given in the judgment.…
…Consequently, the court makes the following disposal orders; a) The petition dated 04.01.2023 is hereby dismissed in its entirety. b) For the avoidance of doubt, any interim orders in place are hereby vacated. c) Each party…
Division and case type: CivilCivil Case
…Although silent on the prayer for orders restraining the partitioning and disposal of the suit land, from the evidence the plaintiff does not want such sub-division to occur and the land to be shared out between him and his…
Division and case type: Environment and Land CourtPetition
…CONCLUSION AND DISPOSAL ORDER 20. The upshot of the foregoing is that the court is that the 4th respondent’s application dated 22.09.2025 is unmerited.…
…As a consequence, the court makes the following order for disposal thereof: a. The notice of motion dated 22.09.2025 is dismissed with no order as to costs.…