Case law
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Division and case type: FamilySuccession Cause
…of deposit of the decretal sum.…
…There is no allegation in the supporting affidavit that the Judgment-Debtor cannot afford to deposit the decretal sum as ordered, or that such deposit will so affect its operations as to amount to a fetter on prosecution…
Division and case type: FamilySuccession Cause
…urged the court to rectify the petition for grant of letters of administration to reflect as a liability due and owing from the deceased’s estate a sum of Kshs.3,090,000/- received by the deceased from the applicant as a deposit…
…Maina, a director of the applicant company and was made on the grounds that the deceased received a sum of Kshs.3,090,000/- from the applicant as a deposit towards purchase of a parcel of land measuring 185 acres that was…
Division and case type: FamilySuccession Cause
…Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited…
…That consequential to the correction of the error the respondent should deposit in an interest earning account Kshs.875,996.00 and not Kshs.1,040,589.00 as erroneously computed in the judgment.…
Division and case type: Environment and Land CourtPetition
…She deposed that following a consent dated 27th July 2021, the 1st Respondent was to deposit the sum of Kshs. 171, 394, 662. 71 into the Petitioners’ advocates’ account for the compensation of limited loss of land use.…
…The 1st Respondent subsequently deposited the sum of Kshs. 102, 836, 797.00 in part compliance with the consent order; that on 14th March 2023, and following an application filed by the 1st Interested Party, the court ordered…
Division and case type: Constitutional and Human RightsPetition
…The Applicant shall deposit a cash bail of Ksh. 50,000/. In the alternative, he can deposit a surety bond of Ksh. 100,000/ to be assessed by the Deputy Registrar of this court.…
Division and case type: Environment and Land CourtPetition
…It was deposed that the Respondents without notice deposited construction materials on the suit land and begun excavating with a view of constructing over the suit land thereby interfering with the quiet occupation of the…
…The contention is that the Respondents have deposited construction materials on the suit land and have excavated thereon thus disrupting the use of the said land by the Petitioner.…
Division and case type: Environment and Land CourtPetition
…The petitioners stated that all transactions relating to the suit property were done through the 5th respondent, who represented both the 3rd and 4th respondents, and received deposit of Kshs.5,000,000 from the 3rd respondent…
…That plaintiff deposit balance of purchase price in court. ii.…
Division and case type: Environment and Land CourtPetition
…2nd Garnishee) in respect of Bank Account Number 01136084618500 or any other of the Respondent/Judgment-Debtors Bank Accounts in any banking institution(s) within the jurisdiction of this Court ordering that all monies deposited…
…, lying and being held in deposit by the 1st and 2nd Garnishee respectively to the credit of National Land Commission and Athi Water Services Board be attached and utilized to satisfy the sum of Kshs.8,314,364/- being the…
Division and case type: Environment and Land CourtPetition
…In Kipkorir, Titoo & Kiara Advocates –vs- The Deposit Protection Fund Board (2005) eKLR, the Court of Appeal restated the position that: “On a reference to a Judge from the taxation by the Taxing Officer, the Judge will not…
Division and case type: Environment and Land CourtPetition
…Unless the Applicant is willing to deposit the entire sum in Court, then his application should be refused.…
Division and case type: Environment and Land CourtPetition
…We are further guided by this court’s decision in Carter & Sons Ltd vs Deposit Protection Fund Board & 2 Others Civil Appeal No. 291 of 1997, at Page 4 as follows: “ . . . the mere fact that there are strong grounds of appeal…
Division and case type: Environment and Land CourtPetition
…Unless the Applicant is willing to deposit the entire sum in Court, then his application should be refused.…
Division and case type: Environment and Land CourtPetition
…Unless the Applicant is willing to deposit the entire sum in Court, then his application should be refused.…
Division and case type: Environment and Land CourtPetition
…/11/2023 this court made a garnishee order Nissi against the accounts of the Applicant being account number 01001032980000 at National Bank of Kenya Hill Branch held by the garnishees herein requiring that all the money deposited…
…honourable court issues a garnishee order nisi against NATIONAL BANK OF KENYA HILL PLAZA BRANCH account number 01001032980000 at National Bank of Kenya Hill Branch held by the garnishees herein requiring that all the money deposited…
Division and case type: Environment and Land CourtPetition
…The 1st Interested Party is a body corporate with perpetual succession and a Common Seal established under Section 4 of the Kenya Deposit Insurance Act, 2012, No. 10 of 2012 appointed by the Central Bank of Kenya as Receivers…
…On or about the 10th October 2016, while at the suit land, a valuer came to view the property purportedly on instructions of the Central Bank of Kenya’s Department of the Kenya Deposit Insurance Corporation and thereby produced…
Division and case type: Environment and Land CourtPetition
…recommended that the suit property be allocated to the 1st respondent; that the Director of Land Adjudication /Settlement offered the suit land to the 1st respondent on 1st December 1998 on the condition that the 1st respondent deposits…
…10 percentage deposit, and on 20th April 1999, 1st respondent paid Kshs.2,750 to Settlement Fund Trustees (SFT), and on 15th June 1999, the Ministry of Lands waived stamped duty on transfer of properties owned by the 1st…
Division and case type: Environment and Land CourtPetition
…Transfers to the 3rd Respondent divulges that mandatory documents did not accompany the said Transfers, including a Rent Clearance Certificate, Stamp Duty Payment Receipts, Valuation Forms from a Government Valuer, and Bank Deposit…
…For example, documents did not accompany the said Transfers, including a Rent Clearance Certificate, Stamp Duty Payment Receipts, Valuation Forms from a Government Valuer, and Bank Deposit Slips for payment of Stamp Duty.…
Division and case type: Environment and Land CourtPetition
…On this point, I seek refuge from the case:- “Kipkorir, Titoo & Kiara Advocates – Versus - Deposit Protection Fund Board [2005] eKLR” the Court of Appeal explained that:- ‘On a reference to a Judge from the taxation by the…
Division and case type: Environment and Land CourtPetition
…The Plaintiff/Applicant has not made any proposal as to what they intend to deposit as security for costs.…
Division and case type: Environment and Land CourtPetition
…to ascertain that survey marks shown on plan are in place and procedure of grantees unable to find survey marks. c) Section 29:Penalty for tampering with survey marks d) Section 30: All survey plans and records to be deposited…
…by the signature of the authority by whom the notice is given, to be the land or area to which the notice refers; and (b) it is identified by a reference number. (2) Every such authenticated and identified plan shall be deposited…