Case law
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Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE WINDING UP CAUSE N0. 01 OF 2011 IN THE MATTER OF THE COMPANIES ACT CHAPTER 486 AND IN THE MATTER OF INTESTATE PETROLEUM COMPANY LIMITED AFRICA OIL TURKANA (K) LIMITED..................1ST PETITIONER AFRICAN OIL CORPORATION ..............................2ND PETITIONER AFRICAN OIL KENYA BV .......................................
Division and case type: CriminalCase number Criminal Revision
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 860 of 2004 BLUESHIELD INSURANCE CO. LTD……...…APPELLANT VERSUS SAMUEL NYAGA NGURUKIRI…..…………..RESPONDENT J U D G M E N T 1.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 116 OF 1993 GURDARSHAN SINGH ………………………..APPELLANT VERSUS C.K.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. THE ATTORNEY GENERAL...........................................................RESPONDENTS (Being an appeal from the ruling of the High Court of Kenya at Nairobi (Justice Shields) dated 25th October, 1990 in H.C.C.A.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.) CIVIL APPEAL NO. 62 OF 1993 BETWEEN CARTER & SONS LTD...................................................................APPELLANT AND 1.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & AKIWUMI, JJ.A. NAI.70 OF 1996 BETWEEN MWANZI ROAD PROPERTIES LIMITED…..……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.
Division and case type: CivilCivil Appeal
Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.
Division and case type: CriminalCriminal Case
then ordered that the said occupants be summoned to appear before it to show cause why a closing order should not be made. The affected tenants duly appeared before the Court including an employee of the applicant known as Harrison Mulwa.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 823 OF 1991 MATHIGU………...…… APPLICANT VERSUS MWAURA……..…………. DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit.
Division and case type: CivilCivil Appeal
This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO 61 OF 1991 GABRIEL NDUNGU KINUTHIA.........................APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages arising out of an accident which occurred on 16th June 1989 along Nyeri-Nyahururu Road in which the plaintiff/applicant sustained severe injur
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application for a revision under sections 362, 364, 365 and 367 of the Criminal Procedure Code. The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of
Division and case type: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
Division and case type: CivilCivil Appeal
Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction
Division and case type: CriminalCase number Criminal Application
Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
Provided that after conviction and before passing sentence or making any order the court may permit or require the complainant to outline to the court the facts upon which the charge is founded.” Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be given are the facts relating to that charge. If the prosecution wish to have the a
Division and case type: CivilCivil Appeal
power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYAAT NAIROBI CIVIL CASE No. 1271 OF 1979 SYAN..................................................................APPELLANT VERSUS SUNSET HOTEL LTD...................................RESPONDENT