Case law
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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/…
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/…
Division and case type: CivilCivil Case
…Regarding the issue of service of summons to enter appearance applicant depones that he was never served. Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service.…
…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…
Division and case type: CivilCivil Case
…Regarding the issue of service of summons to enter appearance applicant depones that he was never served. Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service.…
…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS KARIM T/A PAMBAZUKA PUBLIC SERVICE…….....DEFENDANT JUDGMENT The plaint filed by the plaintiff shows that the basis of the plaintiff’s claim is the contract dated 23.6.86 by which defendant agreed to refund…
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…
…Patel v EA Cargo Handling Services Ltd [1974] EA 75 2. Shah v Mbogo [1967] EA 116 3. Sebei District Administration v Gasyali [1968] EA 300 4. Mwangi v Mugiria [1983] KLR 78 5.…
Division and case type: CivilCivil Suit
…Co-Operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa AGIP Service Station (Civil Suit 23 of 1999) [1999] KEHC 170 (KLR) (19 April 1999) (Ruling) Co-operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa…
…Agip Service Station [1999] eKLR Neutral citation: [1999] KEHC 170 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL SUIT 23 OF 1999 PN WAKI, J APRIL 19, 1999 BETWEEN CO-OPERATIVE BANK OF KENYA LTD .............…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.…
…The defendants are Bayete Peugeot Services Limited and John Martin Kibiegon. This suit arises out of a traffic road accident which occurred on August 31, 1981.…
Division and case type: CivilCivil Case
…The Plaintiff and through his advocate gave an explanation that the service upon him had been done by registered post to the advocate. It was inadvertently not diarized and the notice somehow was misplaced. 6.…
Division and case type: CivilCivil Case
….……… APPLICANT VERSUS KENYA BUS SERVICES (MSA) LTD…………. RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal.…
Division and case type: CivilCivil Case
…Order V rule 9 envisages that whenever practicable service should be personal service. Order V rule 8 envisages that the summons shall be served on each defendant.…
…If service cannot be effected then the rule 12 of rule 14 mode will be in order. I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so.…
Division and case type: CivilCivil Suit
…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
Division and case type: CivilCivil Case
…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…
…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…
Division and case type: CivilCivil Suit
…Among matters ordered and notified was the fact that Garnishee do within seven days after the service of the order inform the court what sum is due from him to the judgement debtor.…
…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…
Division and case type: CivilCivil Case
…administration and supervision of Community Development services.…
…The Town Clerk wrote stating he was conveying the decision of the Public Service Commission through the Ministry of Local Government.…
Division and case type: CivilCivil Case
…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…
…Service of it was deemed to have been effectual. But now we know that the process was not delivered. Evidence has been tendered to that effect.…
Division and case type: CivilCivil Case
…However, having in view your long service with the Bank, it has been decided to terminate your service forthwith pursuant to clause 13 of your letter of appointment dated 12th October, 1962.…
…By July, 1986, the company was allegedly neither servicing its debts with the defendant, nor was it operating the account.…
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: 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 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…