Case law
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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: ELRCMiscellaneous Application
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
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…
Division and case type: CivilCivil Appeal
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
Division and case type: CivilCivil Appeal
…through M/s Mukira Mbaya & Co Advocates in which they sought among other orders, that the ex-parte judgment obtained against them and all other subsequent orders be set aside and that the execution be stayed pending the disposal…
Division and case type: CivilCivil Appeal
…A cursory disposal of the issue for decision was injudicious.…
Division and case type: CivilCivil Appeal
…As the hearing of the application was not concluded on 25th May, 1990, the interim order was extended until the final disposal of the application.…
Division and case type: CivilCivil Appeal
…father that the deceased was not going to be buried at the Belgut farm, the learned trial judge proceeded to hold that such burial would be in accordance with the law, to wit, that although the deceased’s wishes as to the disposal…
…It is simply a dispute over the disposal of the remain s of the deceased.…
Division and case type: CivilCivil Appeal
…videlicet for instance the case of Mohamed Mohamoud Jabane vs Highstone Butty Tongoi Olenja, Civil Appeal No 2 of 1985, on which this court commented on the delay, and which took eight years from the accident to the final disposal…