Case law
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Division and case type: CivilCivil Case
…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…
…Perhaps the 1st point to deal with is whether disobedience of a court order amounts to a contempt of court.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…
Division and case type: CivilCivil Appeal
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
…The appeals were argued by written submissions of counsel for the parties which were filed in court – (see the order of court – Justices Amin (as he was then and Kuloba dated 27th July 2000).…
Division and case type: FamilySuccession Cause
…any event defective. iii) Parcel number Kabete/lower/kabete/885 was closed after submission by the deceased in 1991 and the same does not exist the title having been closed. iv) That the applicant is in contempt of this court…
…order issued in HCC 1086 of 1998.…
Division and case type: Constitutional and Human RightsPetition
…The company breached the court order as cheques it issued for payment, were dishonoured by the company’s bank.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…leave no doubt that the land was to be registered in the name of Wangari Kongu “to hold in trust for Karanja Gachina” and, the entry of the defendant as the holder of the land in trust for the plaintiff followed the said court…
…order.…
Division and case type: CivilCivil Case
…If it is true that the 1st defendant had notice of the court order restraining him from selling the property on 12th March 1987 and if it is also true that the 2nd defendant was aware of advanced negotiations to sell the…
Division and case type: CivilCivil Case
…by order .................... as the court thinks fit.…
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel for the appellant submitted mainly on the court order for payment of Kshs.50,000/= saying there was no evidence to support this claim because none was adduced to show that the appellant opened premises.…
Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the plaintiff stated that it has already been ruled by the court that the order for police supervision should not have been made and the same has been set aside or stayed; that he has to show by law that…
…It is clear that when the plaintiff withdrew his suit it did not pull down the defendant’s counter claim and that is why the court made an order that he should process the counter claim for hearing and final determination…
Division and case type: CivilMiscellaneous Application
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…Order VIA rule 3 commences that: “3 (1) Subject order 1, rules 9 and 10 …. and the following provisions of the rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise as may be just and…
Division and case type: Milimani Commercial CourtsCivil Case
…The proposition that a person instituting legal proceedings before a court is not liable in respect of imprisonment where the imprisonment is the result of a court order has long been established in English law; Lock v Ashton…
Division and case type: Constitutional and Human RightsPetition
…Pursuant to a court order, the UNHCR conducted a refugee status determination interview with the petitioner on 12th July 2012 in order to make an assessment as to her refugee status.…
…It is contended that the petitioner was brought to their offices on or about 20th February, 2012 by their officers from Lokichoggio Border Control to effect the removal order by court and that she could not be immediately…
Division and case type: CriminalCase number Criminal Revision
…(a) The first step – case first before the court ORDER COMPLIANCE S120 (2) “If the court is satisfied that the alleged nuisance exists, the court shall make an order on the author thereof, or the occupier or owner of the…
…INSPECT THE PREMISES (8) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has…