Case law
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Division and case type: Constitutional and Human RightsPetition
…The grounds she cites are as follows:- “(a) I am a wife and widow of the deceased and my name has been left out of the said application. (b) The applicant has left out of the application all my six children.…
…(c) The application has been made without my or my children’s consent and we are all beneficiaries.”…
Division and case type: CivilCivil Case
…As regards the doctrine of res ipsa loquitur, I must state at this stage that no attempt was made by the plaintiff to establish the basis of its application and in the circumstances of this case, I find it has no application…
Division and case type: CriminalCriminal Appeal
…As the appellant gave no evidence in this matter, as he was entitled to do, this is all the evidence there was on this point and so it seems clear that the application for possession was made under section 14 (1) (e).…
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: CivilCivil Case
…The application was opposed by the defendant.…
Division and case type: Milimani Commercial CourtsCivil Case
…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…
Division and case type: Milimani Commercial CourtsCivil Case
…She testified that the plaintiff applied for a loan of Ksh 1 million from the defendant according to the application received by the defendant.…
Division and case type: Constitutional and Human RightsPetition
…another person becomes liquidator and is capable of acting as such: (b) the official receiver shall summon separate meetings of the creditors and contributors of the company for the purpose of determining whether or not an application…
Division and case type: CivilCivil Case
…Mr Hewitt for the plaintiff argued that the agreement marked “A” annexed to the affidavit of Mukesh Kanji Rupshi Shah, a partner in the firm of Price Waterhouse Certified Accountings sworn in support of the plaintiff’s application…
Division and case type: Constitutional and Human RightsElection Petition
…Section 44 (3) of the Constitution provides as follows: 44 (3) An application to the High Court for the determination of a question under subsection (1) (b) may be made- (a) where the Speaker has declared that the seat in…
Division and case type: Constitutional and Human RightsElection Petition
…Section 44 (3) of the Constitution provides as follows: 44 (3) An application to the High Court for the determination of a question under subsection (1) (b) may be made- (a) where the Speaker has declared that the seat in…
Division and case type: CriminalCriminal Appeal
…It is conceded by Mr Akhaabi that the appellant himself made no application for adjournment because of his counsel’s absence though he could have done so if he was minded so to do.…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
Division and case type: Milimani Commercial CourtsCivil Case
…Therefore, even though there were steps which the Plaintiff could have taken to regularise the position at the time of transfer to avoid the necessity of the application of equitable principles, nevertheless I am of the view…
Division and case type: CivilCivil Case
…Clause 11 provided that the letter of offer to advance and representations contained in plaintiffs’ application from which they had lodged with Society would constitute the terms and conditions of the agreement to advance…
Division and case type: Milimani Commercial CourtsCivil Case
…Nzambi handed her Mombasa advocate, Mr Master, two cheques together worth Kshs 42,000 from Franco Vituli, a builder, made out to Kituu which became the subject of an application by the Assistant Public Trustee.…
Division and case type: Milimani Commercial CourtsCivil Case
…On 29/6/2004 the plaintiff filed an affidavit against the title in support of an application under Section 45 of the Registration of Titles Act for the withdrawal of an entry of a lease which has been terminated.…
Division and case type: CriminalCase number Criminal Revision
…He would seem to be liable to the daily fine provided by the Act, for unlike the Tenants, whatever happens in this application, he will remain with the property, and these proceedings do not affect the position as he is primarily…