“"enforcement"” — court decisions

Judgment[1985] KECA 13014 February 1985

UNITED INDIA INSURANCE CO LTD, KENINDIA INSURANCE CO LTD & ORIENTAL FIRE & GENERAL INSURANCE CO LTD v s EAST AFRICAN UNDERWRITERS (KENYA) LTD

Court of Appeal at NairobiStephenson,Cairns Eschersheim,Burger United,PLATT,USSR,Buckley,Bucley,KempCivil Appeal No 36 of 1983

Division and case type: CivilCivil Appeal

…The plaintiff maintains that in neither case should the exclusive jurisdiction clause be enforced it being not binding upon the courts in Kenya which should assume jurisdiction over the two suits rather than the court in…

…Jurisdiction clause however should normally be respected because the parties themselves freely fixed the forums for the settlement of their disputes; the court should carry out the intention of the parties and enforce the…

Appeal upheldAllowed38 min read

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…The averred that the prayers in the plaint were incapable of enforcement; that it was in any case incompetent because there was a pending previously instituted suit, to wit Nairobi High Court Civil Case No. 2598 of 1986,…

13 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998