Case law
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Division and case type: CivilMiscellaneous Civil Application
…The applicant filed notice of appeal against the High Court order on 5th February 1988. It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal.…
Division and case type: CivilCivil Case
…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…
…Perhaps the 1st point to deal with is whether disobedience of a court order amounts to a contempt of court.…
Division and case type: CivilCivil Appeal
…order.…
…The matter came up for mention on 8th June, 1990, and stay order was extended “until further order of this Court.”…
Division and case type: CivilCivil Appeal
…There was disobedience of court order. That seemed to me the factor that weighed more on Platt J.A's mind. In this case there is no disobedience of court order.…
Division and case type: CivilCivil Appeal
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
…The appeals were argued by written submissions of counsel for the parties which were filed in court – (see the order of court – Justices Amin (as he was then and Kuloba dated 27th July 2000).…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Appeal
…The Respondent has no power or authority to continue detaining the Applicant’s sugar consignment in violation of the court order issued on 10th June, 2004. v.…
…THAT on 10th June, 2004, the Court made its order in a judgment delivered on the same day releasing the sugar. 9.…
Division and case type: CivilCivil Case
…leave no doubt that the land was to be registered in the name of Wangari Kongu “to hold in trust for Karanja Gachina” and, the entry of the defendant as the holder of the land in trust for the plaintiff followed the said court…
…order.…
Division and case type: CivilMiscellaneous Application
…That is undoubtedly correct, but until this court had decided that the High Court should not have determined the issue (if, indeed, in this case it should not) the High Court order remains in effect and is valid and enforceable…
Division and case type: CivilCivil Case
…by order .................... as the court thinks fit.…
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
Division and case type: CivilORIGINATING SUMMONS
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
…Time had been wasted due to distance involved between Nyeri and Kipipiri, and some difficulties encountered when obtaining the High Court Order.…
Division and case type: CivilCivil Appeal
…On December 30, 1986 the plaintiff widow moved to High Court, Nairobi under order 39 rule 1 and 2 of the rules seeking orders that the defendants and each of them be restrained by injunction from removing the body of the…
…order.…
Division and case type: CivilCivil Case
…If it is true that the 1st defendant had notice of the court order restraining him from selling the property on 12th March 1987 and if it is also true that the 2nd defendant was aware of advanced negotiations to sell the…
Division and case type: CivilCivil Appeal
…Thereafter on 25th November, 1981, an originating summons was filed and having received some respite by the court order granting them time to vacate by 30th November, 1982, the eventual filing of the review application a…
Division and case type: CivilMiscellaneous Application
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: CivilCivil Case
…I have given serious consideration to all the mattersthat were urged before this court in this application including theallegations made by the Plaintiffs that the Defendant has breachedthe court order which they now seek…
Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…Order VIA rule 3 commences that: “3 (1) Subject order 1, rules 9 and 10 …. and the following provisions of the rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise as may be just and…
Division and case type: CivilCivil Appli
…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…
…Init he says that since the High Court order LSK has fullyparticipated in the proceedings of the Commission and it (LSK)has already issued notices to call certain notable witnesseswhom they say are standing in senior position…
Division and case type: CivilCivil Suit
…to order the defendant to accept back his money and give the plaintiff back his shamba which he mortgaged to him.…
…Jessel MR in Pulbrook v Richmond Consolidated Mining Co., (1878), 9, Ch, D 610, 615 (CA) explained the consequence of a court order for the rectification of the register of a company in this way “The name of Mr Cuthbert has…