Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Constitutional and Human RightsPetition
…The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO HC DIVORCE NO. 11 OF 2006 A.C.K................................................PETITIONER VERSUS B.K................................................RESPONDENT JUDGMENT…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
…Interest on amounts to be ascertained by court are normally awarded from the date of judgment. In this case interest is awarded from the date of judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment.…
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: Constitutional and Human RightsPetition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…A party brings an action based on an assessment for breach is neither entitled to judgment on a normal suit or to a winding up order in a petition. MWATSAHU Vs. MARO [1967] EA 42.…
…A case where the plaintiff obtained judgment in default of defence for an amount which included the costs of repairing a car.…
Division and case type: Anti-CorruptionPetition
…The principles governing the setting aside of Consent Orders/Judgments were set out in the case of Flora Wasike vs Destimo Wamboko [1982-88] 1 KAR 627, which can be summarized thus; i.…
…A consent judgment can only be set aside on the same grounds as would justify the setting aside of a contract, for example fraud, mistake or misrepresentation; ii.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 40 OF 1986 IN THE MATTER OF RWINO INVESTMENTS LTD AND IN THE MATTER OF THE COMPANIES ACT (CAP JUDGMENT.…
…The petition has been presented by Standard Chartered Acceptances Limited (hereinafter referred to as “the Petitioner”) and is supported by 9th other creditors amongst whom one, Shirjibhai & Sons, is a judgment creditor.…
Division and case type: Constitutional and Human RightsPetition
…re hearing the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment…
…I note that in para 3 of the plaint in -------------------------- no 1554/80 in which the creditors--------------------------------------- judgment the subject matter of this petition at debtor was described as a “businessman…
Division and case type: Constitutional and Human RightsPetition
…INTERESTED PARTY JUDGMENT Introduction and background 1. The petitioner is a non-Kenyan, who is at the brink of being rendered stateless. The matter is a culmination of events both within and outside the country.…
…The UNHCR urged the court to ‘give directions as to the suitable and/or alternative place of accommodation for the Petitioner pending judgment in this matter.” 14.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO 37 OF 1990 A K ...........................................PETITIONER VERSUS Z N K......................................RESPONDENT JUDGMENT The petitioner…
…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…
Division and case type: Constitutional and Human RightsPetition
…Some of his creditors obtained judgment against him and proceeded into execution. His assets were seized under a write of Fifa and were taken over by auctioneers for sale.…
Division and case type: Constitutional and Human RightsPetition
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…
Division and case type: Constitutional and Human RightsPetition
…The grounds on which M Ngunjiri impugned the petition is that the company had not been given 3 weeks notice within which to pay or secure the amount demanded such as where a judgment has been obtained.…
Division and case type: Constitutional and Human RightsPetition
…On 14th December, 1988 this Court ordered on a summary judgment application as follows: (a) the debtor must give vacant possession of the said premises to the creditor on the 31st March, 1989; (b) it shall pay to the creditor…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(f) The Orders sought herein will enable this Honourable Court to adjudicate upon and settle matter after hearing all the parties that may be affected by the ruling or judgment delivered by this Honourable Court.” 8.…
Division and case type: Constitutional and Human RightsPetition
…It follows that, assuming that such an appeal lies, then it is stale as it was led out of extremely long statutory timeline in that appeals in civil cases lie to this court within 30 days of the judgment or ruling, as stipulated…
Division and case type: Constitutional and Human RightsPetition
…Judgment delivered through Microsoft Teams online platform due to the outbreak of the covid-19 pandemic. NJOKI MWANGI JUDGE In the presence of:- Messrs Magolo and Adala for the Applicants Mr.…