Judgment[2019] KEELC 369
Case law
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Division and case type: Environment and LandCase number Environment and Land Appeal
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: Environment and LandLand Case
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: Milimani Commercial CourtsMiscellaneous Civil Application
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 KISII CORAM: D. 54 OF 2018 BETWEEN ADERO OJANO ………………..……………………………….
Division and case type: Environment and LandLand Case
the applicant has met the threshold as set in the Mrao case and I see no reason to deny her the orders sought pending the hearing and determination of the suit. The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff.
Division and case type: CivilCivil Appeal
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: CivilCivil Appeal
We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case for a proper interpretation of the constitutional status of County Assembly privileges, operating within the scheme of the separationofpowers doctrine. As it is clear to us that the respondents’ case rests on fundamental constitutional questions not yet interpreted, and which
Division and case type: Milimani Commercial CourtsCivil Case
which was advanced to the Plaintiff by the Defendant. The principal prayer therein was an order directing the Defendant to register a discharge of charge at the lands office in favour of the Plaintiff and to forthwith release the original title document over Nairobi/Block III/601 – Komarock to the Plaintiff.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU SUCCESSION CAUSE NO. 47 OF 2011 In the matter of the Estate of MZEE OMARI (Deceased) ABDALLA MUTEMBEI GISAGA.................................APPLICANT VERSUS PAMELA GACHERI PATRISIO.........................1ST RESPONDENT CRISUS MICHENI NDEKE (MWALIMU)..........2ND RESPONDENT NYAGA ISMAEL (SMATEX)............................3RD RESPONDENT JOSEPH MURITHI (MUEMBU).......................4TH RESPONDENT NJAGI NTIBA (CHIBU)...........................
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU SUCCESSION CAUSE NO. 47 OF 2011 In the matter of the Estate of MZEE OMARI (Deceased) ABDALLA MUTEMBEI GISAGA.................................APPLICANT VERSUS PAMELA GACHERI PATRISIO.........................1ST RESPONDENT CRISUS MICHENI NDEKE (MWALIMU)..........2ND RESPONDENT NYAGA ISMAEL (SMATEX)............................3RD RESPONDENT JOSEPH MURITHI (MUEMBU).......................4TH RESPONDENT NJAGI NTIBA (CHIBU)...........................
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL CASE NO. 82 OF 2012 (FORMERLY NYERI HCCC 308/1997) FREDRICK MUKUA NJIGORU……............…..........1ST PLAINTIFF KUDGETA WAMUGO NJIGORU................................2ND PLAINTIFF VERSUS LIQUIDATOR KENYA NATIONAL ASSUARANCE BANK LTD.......1ST DEFENDANT KENYA COMMERCIAL BANK LTD.....
Division and case type: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO.167 OF 2008 IN THE MATTER OF REGISTRATION OF LANDS ACT CAP 300 OF THE LAWS OF KENYA AND IN THE MATTER OF PLOT NO.20 MEASURING 40 ACRES IN LAND REFERENCE NO.548 KERINGET ESTATE, MOLO, OTHERWISE KNOWN AS LAND TITLE NO. OLENGUGUONE/KERINGET BLOCK 1/20 BETWEEN AARON KIPLAGAT KAMOING………………..........................………PLAINTIFF/RESPONDENT AND MAJOR WILSON KOITABA……………........................…………..1ST DEFENDANT/APPLICANT JOEL KIBET K
Division and case type: CivilCivil Appeal
IN THE HIGH COURT OF KENYA AT NAKURU CIVIL APPEAL NO.215 OF 2009 ANALIK WEKESA…………………………………….……….……....1ST APPELLANT DIOCESE OF LODWAR (Thro’ its Registered Trustees...........….........2ND APPELLANT VERSUS HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI (Suing as the Administrators of the estate ofJAMES KANENE MWANGI (Deceased)….................……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution. The stay was gran
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: Milimani Commercial CourtsCivil Case
(d) It is just in the circumstances of this case and in the interests of justice that the restraining orders be granted. Opposing the application, the 1st Defendant filed grounds of opposition on 9th July, 2010 which were supplemented by the 1st Defendant’s replying affidavit sworn by Jon Waïn, the 1st Defendant’s Legal Counsel on 15th July, 2010.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. LOWE & COMPANY LIMITED …………………………….PLAINTIFF VERSUS CREDIT AGRICOLE INDOSUEZ …………………………1ST DEFENDANT BANK OF AFRICA KENYA LIMITED …………...…….….2ND DEFENDANT REGISTRAR OF TITLES, MOMBASA …………….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depe
Division and case type: CivilMiscellaneous Civil Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION) CIVIL CASE NO. 310 OF 2007 ANTHONY MAINA NJIIRI (suing as attorney for JAMES NJIIRI)…….………..…………………….................
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION) CIVIL CASE NO. 310 OF 2007 ANTHONY MAINA NJIIRI (suing as attorney for JAMES NJIIRI)…….………..…………………….................