Case law
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Division and case type: CivilCivil Appeal
…This view coloured an attitude to regulation 25 of the Public Service Regulations, so much so that a probation order came to be seen as tantamount to an acquittal.…
…The reason is that the Court felt it impossible to force the services of an employee on to an employer, when the latter had lost all confidence and trust in the employee.…
Division and case type: CivilCivil Appeal
…notice of appeal, serve copies thereof on all persons directly affected by the appeal: Provided that the Court on application, which may be made ex parte within seven days after lodging the notice of appeal, direct that service…
…And as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as…
Division and case type: CivilCivil Appeal
…A few comments at this stage on service of summons by registered post, on corporations, would be apt.…
…Order 5 Rule 2 (b) of the Civil Procedure Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…
Division and case type: CivilCivil Appeal
…Pensions Act (cap 11), subsection (1) of which stated: “Every pension granted under this Act shall be subject to the condition that unless or until the officer attains the age of fifty years, he may, if physically fit for service…
…be called upon by the authority to accept an office in the service of the community or theCorporation, as the case may be, not less in value than the office which he held at the date of his retirement, and where a pensioner…
Division and case type: CivilCivil Appeal
…one month, the chargee may serve on the chargor notice in writing to pay the money owing or to perform and observe the agreement, as the case may be. (2) If the chargor does not comply, within three months of the date of service…
…Kariuki's contention that there was no valid service of the statutory notice is unanswerable.…
Division and case type: CivilCivil Appeal
…But in January, 1986, the respondent verbally terminated his services. He remained unemployed until August, 1986.…
…Thereafter, he verbally terminated the appellant’s services and withdrew the application he had made to the Immigration Department for the appellant’s work permit.…
Division and case type: CivilCivil Suit
…According to the defendant the plaintiff is a stranger to him and has never entered into any agreement with the defendant for any professional service.…
…He says that the plaintiff is a stranger to the defendant and that there was no agreement between them for any professional service. Accordingly I do not think that the said paragraph is applicable in this case.…
Division and case type: CivilCase number Civil Application
…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…
…The plaintiff and defendant submitted their dispute, on the termination of the services of the plaintiff with the defendant company, to the investigation of a labour officer Mr Wanjohi.…
Division and case type: CivilCivil Appeal
…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…
…Wandu's Emporium sought a mandatory injunction against the two respondents Ngugi Gitonga and Wargen Service Station Ltd.…
Division and case type: CivilCivil Case
…The service included testing the steering hydraulic system according to manufacturers service manual.…
…There are no service records of the tractor.…
Division and case type: CivilCivil Appeal
…The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the application for execution was not served on them and there was no order for service to be dispensed with…
…the terms and conditions of the sale of immovable property that has been attached order XXI rules 60 and 61 unless for reasons to be recorded by him the notice to the judgment-holder may be dispensed with or substituted service…
Division and case type: CivilCivil Case
…Thereafter the witness was instructed that the motor vehicles should be serviced ready to travel to Kigali.…
…Accordingly I order that the defendant do within 21 days of service of this order furnish security in the sum of Kshs.2,500,000/= or alternatively appear within the same period and show cause why he should not furnish such…
Division and case type: CivilCivil Appeal
…The advocates for the respondent did not give a full and sufficient address for service to the registry or the appellant as rule 87 of the Court of Appeal Rules requires him to do.…
…appellant notice of a full and sufficient address for service.”…
Division and case type: CivilCivil Appeal
…In the second situation, the registrar, on notice to the parties may list the appeal before the judge for dismissal if no steps have been taken to set it down for hearing within 1 year after the service of memorandum of appeal…
Division and case type: CivilCivil Case
…According to the AttorneyGeneral the detention of each detainee commenced with service on him of the detention order.…
…Detention under the Preservation of Public Security Act commences in my view on the date of the detention order where the person to be detained is already in custody and in other cases with the services of the detention order…
Division and case type: CivilCivil Case
…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…
…Lost income is one which should have been available after his allowing for statutory deductions such as income tax, service charge, NSSF, NHIF, etc etc. I come up with a figure of Shs 800/= as his net income.…
Division and case type: CivilCivil Appeal
…It is likely that counsel for the respondents will assist, as he gallantly sought to represent both respondents, despite non-service in the case of Mr Kombo Kassim Omar.…
…The court was referred to decisions of the High Court allowing for valuable remunerated employment after retirement from the Civil Service, and the courts would do well to consider that situation whenever it arises.…
Division and case type: CivilCivil Appeal
…He had no history of bad health, that is to say, he was a healthy individual.He would have retired, in the ordinary course of events, at the age of 55 from his job as a teacher in the employ of Teachers Service Commission…
…Upon reaching the retirement age set by the Teachers Service Commission he might have taken up a teaching job at a private school. There was no evidence that he would not have worked after the age of 55.…
Division and case type: CivilCivil Appeal
…According to him, Quadrant Services Limited is controlled by the firm of Messrs Kaplan & Stratton, advocates.…
…It is our intention to employ the services of a mining engineer and the day to day management will be handled by Mr Gabriel Nyambu.…
Division and case type: CivilCivil Appeal
…Even if the insurer took what was perhaps an unwarranted step to avoid the policy of insurance (which case may not have been finalized) such step may not amount to turning of the commercial vehicle policy into a passenger service…