Judgment[1993] KEHC 13
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Case 842 of 1988 JOHN KAMUNYU MURIGI…………..…..….....………………..PLAINTIFF - versus - PIRI MWATATA TEITEI…………...…..………...……….1ST DEFENDANT LAND REGISTRAR – KILIFI…………………....……...2ND DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 381 OF 1989 MARIAM ABDSHEIKH D/O SALIM ABDSHEIKH .…..........….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 484 OF 1989 WALTER OBARA OGOL ………………….…. PLAINTIFF VERSUS NOAH MBUGUA NJOROGE……….……RESPONDENT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 151 OF 1993 BACCHUS GROCERS LTD …………….……..PLAINTIFF VERSUS CRATER AUTOMOBILE (NRB) LTD …...…..DEFENDANT RULING The dispute between the parties herein relates to a contract for sale by the defendant to the plaintiff of a new Mitsubishi Fusso lorry. It is the plaintiff’s case that on the 20th February, 1993 the defendant offered to sell to him the vehicle whose details are well described by way of a vehicle order 075, and that he acc
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO 368 OF 1992 HABIB BANK LIMITED..........................PLAINTIFF VERSUS MOHAMED SHARIFF HASSAN..........DEFENDANT RULING In the suit (as pleaded in the plaint) the plaintiff claims from the defendant a sum of Shs 760,322/65 alleged to be the debit balance of the amount due and owing by the defendant to the plaintiff as at 16th April, 1992. This is alleged to be in respect of the bank loan or an overdraft reflected on the defe
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 Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Jefa v Kenya Ports Authority High Court, at Mombasa June 9, 1992 Omolo J Civil Case No. 721 of 1988 June 9, 1992,Omolo J delivered the following Judgment.
Division and case type: CivilMiscellaneous Civil Application
defence to the action in the Magistrate’s Court and in his defence he raised a counterclaim. Under order VIII rule 2 the applicant was entitled to file his defence and to raise the counterclaim in the same defence.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Kinji Ltd & Another v Kogo & Another High Court, at Mombasa March 31, 1992 Omolo J Civil Case No. 938 of 1991 March 31, 1992, Omolo J delivered the following Ruling.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Farrah v Kenya Ports Authority Court of Appeal, at Mombasa ` March 16, 1992 Hancox CJ, Gachuhi, Cockar JJ A Civil Appeal No. 138 of 1991 March 16, 1992, Hancox CJ, delivered the following Judgment.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Losiamuro v Lochab Brothers & another High Court, at Mombasa December 30, 1991 Wambilyangah J Civil Case No 48 of 1988
Division and case type: CivilCivil Case
N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be set aside on those grounds which would justify the setting of a contract. Those grounds are such as fraud, mistake or misrepresentation.
Division and case type: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment be set aside in such a case. The plaintiff applied
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages - general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pe
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Southern Oil Supplies Co Ltd v SGS Kenya Ltd High Court, at Mombasa February 5, 1991 Wambilyangah J Civil Case No 724 of 1985 Civil Practice and Procedure - security for costs – court’s discretion in making an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs. The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Compani
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 1124 OF 1983 KIMEU…………….........…………….. PLAINTIFF VERSUS KASESE…………………..…………DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 30 OF 1986 LYDIA CHAO …………………………………………..……… PLAINTIFF VERSUS DHANJAL BROTHERS LTD MUNGA MUHASO HASSAN ISMAEL ABDALLA PAUL WAMBUA MUSILA……………………...................DEFENDANTS
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 842 OF 1983 FATEMI INVESTMENTS LTD…..…………. PLAINTIFF VERSUS BAYUSUF……………..………………….DEFENDANT