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 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 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 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 Appeal
….… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa…
…Section 14 of the Employment Act, cap 226, which settles the matter in favour of the plaintiff, provides, “14 (1) Every contract of service: (a) for a period, or a number of working days which amount in the aggregate to the…
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
…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…
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 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 Case
…In the Attorney-General’s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according…
Division and case type: CivilCivil Suit
…It is based on the grounds that service of the plaintiff’s applications dated 23rd September 1999, 11th December 2000 and 16th August 2004 was effected on the defendant’s former advocates who have since ceased to act for…
Division and case type: CivilCivil Suit
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
Division and case type: CivilCivil Suit
…The other item to be considered is the length of time this man could have continued to earn that amount of money in the Civil Service, there is compulsory retirement at the age of 55 years.…
Division and case type: CivilCivil Case
…The case of Clara Nyaruma Oketch versus Akamba Bus Service Nairobi HCCC No 3506/85 where the plaintiff suffered soft tissue injuries and perforation of the left eye described by the doctors as severe and permanent.…
Division and case type: CivilCivil Appeal
…The facts which triggered off this litigation were that by August 13th, 1986 at 1 am, the plaintiff, who has been in the service of the defendant for just over six years, was going round when he saw four people.…
Division and case type: CivilCivil Suit
…This prompted the defendants’ to come to this court by way of certificate of urgency under section 3 and 3A of the Civil Procedure Act, order 44 rule 1, order 21 rule 22 of the Civil Procedure Rules seeking orders that service…
…That application is incompetent as it was filed the same day as the notice of charge and all that remained was service on to the outgoing counsel. 4.…
Division and case type: CivilCivil Appeal
…Ltd vs New Gatitu Service Station Ltd & Another (1990) eKLR).…