Case law
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Division and case type: CivilCivil Appeal
…NO. 3052 0F 1998) ******************* JUDGMENT OF THE COURT These two appeals which have been consolidated for convenient disposal arise out of rulings delivered by Kuloba, J. on 12th March, 1998.…
Division and case type: CivilCivil Appeal
…deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions or instructions to the administrator(s} as may be necessary for the proper management and disposal…
…of what we have stated above, it is quite clear that the phrase connotes not only the personal property of a deceased person, but also, all the property which was in his possession or control or under his power, and the disposal…
Division and case type: CivilCivil Appeal
…deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions or instructions to the administrator(s} as may be necessary for the proper management and disposal…
…of what we have stated above, it is quite clear that the phrase connotes not only the personal property of a deceased person, but also, all the property which was in his possession or control or under his power, and the disposal…
Division and case type: CivilCivil Appeal
…intended) he asks this court to strike out the above appeal on the ground that, besides it having been instituted out of time, it is frivolous, vexatious and that it was brought for the purposes of delaying the expeditious disposal…
Division and case type: CivilCivil Suit
…and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous and vexatious and or it may prejudice, embarrass or delay the fair disposal…
Division and case type: CivilCivil Appeal
…deal with his firm as may be stated in his will; but in case of intestacy, the Council of the Society shall give such directions or instructions to the administrator(s} as may be necessary for the proper management and disposal…
…of what we have stated above, it is quite clear that the phrase connotes not only the personal property of a deceased person, but also, all the property which was in his possession or control or under his power, and the disposal…
Division and case type: CivilCivil Appeal
…On 7th July, 1992, Mr Mithega had the matter placed before Oguk, J only for the limited purpose of taking a hearing date for the disposal of the suit notwithstanding the provisions of clause 9 of the policy and the fact that…
…Mr Mithega without having filed a formal application, informally, submitted to Oguk, J that a hearing date for the disposal of the suit by the Court be fixed since Mr Mwarania could not proceed with the arbitration.…
Division and case type: CivilCivil Case
…The principles on which the courts act in deciding whether or not to grant an injunction pending the disposal of a suit enunciated by the former Court of Appeal in the case of Gieko vs Cassman Brown and Co Ltd, (1973) EA…
…It is also hereby ordered that pending the disposal of the suit, the applicant shall pay monthly to the 1st respondent the sum of Shs 30,000/- with effect from 31st December, 1991 and thereafter on the last day of each subsequent…
Division and case type: CivilCivil Case
…The principles on which the courts act in deciding whether or not to grant an injunction pending the disposal of a suit enunciated by the former Court of Appeal in the case of Gieko vs Cassman Brown and Co Ltd, (1973) EA…
…It is also hereby ordered that pending the disposal of the suit, the applicant shall pay monthly to the 1st respondent the sum of Shs 30,000/- with effect from 31st December, 1991 and thereafter on the last day of each subsequent…
Division and case type: CivilCivil Appeal
…While it is appreciated that the court aim at the expeditious disposal of the suits yet at times such expeditious disposal of the suits may cause injustice.…
Division and case type: CivilMiscellaneous Application
…Its primary duty is to determine questions affecting the rights of subjects regarding controlled transactions in the disposal of agricultural land.…
…Those transactions include the sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land which is situated within its controlled area.…
Division and case type: CivilCivil Appeal
…That the second and third defendants applied the proceeds of the loan unto themselves and refused, failed and/or neglected to effect loan payments thereby exposing the property LR209/572 to sale and disposal under mortgage…
…The plaintiff therefore prayed that the court should grant perpetual injunction restraining the sale and disposal of the said property; a declaration that the defendants are jointly and severally negligent and fraudulent…
Division and case type: CivilORIGINATING SUMMONS
…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…
Division and case type: CivilCivil Appeal
…L.R. 214/275, Nairobi, (the suit property) pending the disposal of the originating summons brought under section 38 of the Limitation of Actions Act Cap 22 Laws of Kenya.…
Division and case type: CivilCivil Case
…On the application of the applicant’s counsel this matter is hereby transferred to Nakuru High Court for hearing and disposal. 2.…
Division and case type: CivilCivil Appeal
…But if the consignee has arranged for wagons, then the Kenya Railways puts them at the disposal of the Kenya Cargo Handling Services.…
…The evidence of the Railway representative is that there were wagons placed at the disposal of Kenya Cargo Handling Services in the Port.…
Division and case type: CivilCivil Appeal
…lease in the person in whose favour the grant is made, because it is obvious that the value of a lease would diminish with the passage of time, and therefore delay in the regular or general grant would justify its immediate disposal…
Division and case type: CivilCivil Appeal
…(as he then was) of 5th November, 1976, in Kinguru (supra) where he held that: "The creation of a trust over agricultural land in a land control area does not constitute an "other disposal of or dealing" for the purposes…
Division and case type: CriminalCriminal Appeal
…Since the maize was in the hands of the police and had not been produced before the Court as an exhibit, it is my opinion that the magistrate could have made no order affecting its disposal so that whoever claimed ownership…
Division and case type: CivilCivil Case
…Mr Ombego, advocates for the plaintiff and the defendant, respectively, for the painstaking research they have made into the law and custom of the Luo people, and for the authorities and writings they have placed at my disposal…