Case law
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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
decision of Lakha, J.A., a learned single judge of this Court, to seek to vary, discharge or reverse his order by the Court under the provisions of rule 54 (2) of the Rules. Oraro has submitted that the respondent having not chosen any of those options he cannot now challenge the consent order which he has not attempted to have set aside.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.) CIVIL APPEAL NO. 292 OF 1997 BETWEEN SAMUEL NGURE GATHII.......................................APPELLANT AND JOSEPHINE WANJIRU MBUGUA................................RESPONDENT (Being an appeal from the judgment of the High Court of Kenya at Nairobi (Hon.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, SHAH & PALL, JJ.A.) CIVIL APPEAL NO. 75 OF 1997 BETWEEN KENYA CEMENT MARKETING LIMITED............................................APPELLANT AND JAMES G.K.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 112 of 1995 GERALD MBALE MWEA ……………................................................ …………………………..APPELLANT AND KARIKO KIHARA GICHOMO KIHARA ……………………........................................…………………….
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, AKIWUMI & SHAH, JJ.A.) CIVIL APPEAL NO. 15 OF 1992 KENYA BUS SERVICES lIMITED...........................................................APPELLANT AND SUSAN MUTETI...................................................................................RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Nairobi (Mr.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Civil Appeal 66 or 1995 CLEMENT J. MACHARIA …………………….....................................
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A) CIVIL APPEAL NO. AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT AND MUNSHIRAM & COMPANY LIMITED....................RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Nairobi (Mr.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B. SHAH) CIVIL APPEAL 149 OF 1991 BETWEEN JOSEPHOCHIENG PHILIPKAFUANDE HENRY HEGGA (Trading as AQUILINE AGENCIES)…....................APPELLANTS VERSUS FIRST NATIONAL BANK OF CHICAGO.................
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
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi,Cockar & Omolo JJ A ) CIVIL APPEAL NO. 55 OF 1986 BETWEEN NGORORO...............................................................................APPELLANT AND NDUTHA & ANOTHER.....................................................RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) *********************************
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 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
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
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?