Case law
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Division and case type: Environment and Land CourtPetition
…Petition No. 44 of 2020 was fully determined in a lawful judgment delivered on the 25th April 2025; ii.…
…That the conservatory orders sought by the Petitioner cannot be granted at this stage after Judgment has been dealt entered; c.…
Division and case type: Environment and Land CourtPetition
…of determination or delivery of the judgment. 2.…
…in order to deal with any emerging issues in its judgment; 4.…
Division and case type: Environment and Land CourtPetition
…The application is based on the following grounds that judgment was delivered on this matter on the 28th day of September, 2021.…
…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…
Division and case type: Environment and Land CourtPetition
…The application is based on the following grounds that judgment was delivered on this matter on the 28th day of September, 2021.…
…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…
Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: Environment and Land CourtPetition
…The Petitioner submitted that the judgment and decree of this court were served upon the 1st Respondent. The Petitioner submitted that the judgment and the decree were binding upon the 1st Respondent and its officers.…
…In disregard of the said judgment and decree, the 1st Respondent trespassed on the suit property, Title No.…
Division and case type: GeneralUnclassified
…The Respondent/Applicant seeks a Review of the judgment of this Court.…
…I noted in my Judgment that there was no set of nal submissions on record on behalf of the Respondent.…
Division and case type: Environment and Land CourtPetition
…The case was heard by Mutungi J who delivered judgment on 29 August 2019 in favour of the petitioner. 4. There have been subsequent applications after the judgment but which are not material to the application.…
…I however need to mention that the applicant has filed an appeal before the Court of Appeal against the judgment herein being Court of Appeal at Kisumu, Civil Appeal No. E163 of 2025. 5.…
Division and case type: Environment and Land CourtPetition
…By the application before the Court, the Petitioner has sought an order that this Court be pleased to review the Judgment delivered herein on 9 th July 2025 by the Honourable Justice L.L.…
…From a perusal of the Judgment, the Learned Judge in awarding interest held as follows at paragraph 115 (g) of the Judgment: “A declaration be and is hereby issued that the Petitioner be and is hereby entitled to interest…
Division and case type: Environment and Land CourtPetition
…creditor may attach (or garnishee) debts due in satisfaction of the judgment debt.…
…The debt owed by the third party to the judgment debtor, on being attached, shall ultimately be paid by him to the judgment creditor on the order of court.…
Division and case type: Environment and Land CourtPetition
…To the Supporting Affidavit, the applicants annexed and marked as E001 and E004 a copy of the decree and the judgment of this court herein dated 19/7/2023.…
…The applicants have demonstrated the existence of the judgment and decree that it contained clear and unambiguous order directed to and binding upon the 3rd Respondent.…
Division and case type: Environment and Land CourtPetition
…The application is based on the following grounds that judgment was delivered on this matter on the 28th day of September, 2021.…
…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…
Division and case type: Environment and Land CourtPetition
…This is a matter that is finalized judgment having been delivered on 21/12/2022 in favour of the Petitioner which Judgment is the subject of an appeal to the Court of Appeal.…
…The petitioner also sought for an interim order of status quo maintaining the status quo of the suit land in effect barring the Judgment debtor from inter alia undertaking excavation, construction or development on the suit…
Division and case type: GeneralUnclassified
…DEFENDANT JUDGMENT This suit came up by way of formal proof.…
…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…
Division and case type: Environment and Land CourtPetition
…When the Application dated 26th November, 2024 was coming up for hearing on I9th December, 2024, the court granted status quo of its judgment delivered on 27th September, 2024.…
…Following the entry of judgments the 1 interested party/Applicant previously filed an application seeking the stay of execution of the Decrees and Orders of this Honorable Court arising from its Judgment of 27th September…
Division and case type: Environment and Land CourtPetition
…This is a matter that is finalized judgment having been delivered on 21/12/2022 in favour of the Petitioner which Judgment is the subject of an appeal to the Court of Appeal.…
…The petitioner also sought for an interim order of status quo maintaining the status quo of the suit land in effect barring the Judgment debtor from inter alia undertaking excavation, construction or development on the suit…
Division and case type: Environment and Land CourtPetition
…of determination or delivery of the judgment. 2.…
…Whether the judgment of the court should be varied reviewed or set aside to allow the respondents to file the necessary evidence that was not available at the time of determination of the judgment. c.…
Division and case type: Environment and Land CourtPetition
…and subsequent decree delivered on the 6th day of December 2022 and thereafter set aside the judgment based on the issue of jurisdiction and reinstate the suit for hearing afresh. …
…However, as at the time of delivery of judgment on 6th December 2022, ten (10) years had elapsed from the date of commencement of the NLC Act.…
Division and case type: Environment and Land CourtPetition
…There is no evidence of any appeal having been filed against this judgment which for all intents and purposes appears to be a judgment issued by a court of competent jurisdiction. 14.…
…I dismissed this argument and entered judgment for the 3rd respondent as prayed. On appeal it was urged that the judgment should be set aside as it did not raise constitutional issues.…
Division and case type: Environment and Land CourtPetition
…The Applicant stated that the court delivered its judgment and the same was served upon the 1st Interested party.…
…She further averred that from the judgment delivered on 27th September, 2024, the court found that the suit parcel belonged to the Respondent.…