Case law
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Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3257 OF 1978 ERIC PETER WANJAU .................................................PLAINTIFF AND GEORGE MUNDET ....................................................DEFENDANT R U L I N G On 26th of March, 1993 this court entered a judgment pursuant to an Award filed and read in court on 2nd December, 1992, in the presence of Mr.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 249 of 1995 KHIMJI'S SECONDHAND MART....................................PLAINTIFF VERSUS TABURA SECURITY AGENCY (K).............................DEFENDANT J U D G M E N T On the 3rd of April, 1995 a plaint was filed in the MombasaHigh Court of Kenya District Registry. The Plaintiff wasdescribed as Kimji's Secondhand Mart - a business firm trading atMombasa.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 166 OF 1995 AGIP (KENYA) LIMITED…………...................………….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C.
Division and case type: CivilCivil Appeal
matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.
Division and case type: CivilCivil Appeal
as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.
Division and case type: CivilCivil Appeal
There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO 649 OF 1991 AGRICULTURAL DEVELOPMENT CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion under order 35 rules 1, 2 and 3 of the Civil Procedure Rules. It seeks an order that summary judgment be entered for the plaintiff, Agricultural Development Corporat
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 4549 OF 1987 BACHITTER SINGH CHASE …………..………..PLAINTIFF VERSUS BARCLAYS BANK OF KENYA LTD…..……..
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 3432 OF 1988 JOSEPH MUTHUSI & 2 OTHERS…………………… APPLICANTS VERSUS WILLIAM GATHOGO & 2 OTHERS …………......... RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s
Division and case type: CivilCivil Appeal
Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.