Search court decisions

…I cannot envisage how the repudiation of the policy can assist the defendant in resisting a claim for the enforcement of a settlement already made of a claim made under that policy.…

…These for the reason I have stated might be a substantial ground of defence were this an action to enforce a claim under the policy. It is not.…

…The order in question was not capable of being enforced or being complied with.…

…Order 45/7 deals with matters relating to “Service of copy of judgment, etc, pre-requisite to enforcement under rule 5”. (The underlining is ours).…

…Grounds of opposition similarly denied the existence of the undertaking capable of being enforced, since the plaintiff did not make a deposit of Kshs 1,373,832.40 as per the terms of the letter dated 22nd July, 1997 nor confirm…

…The plaintiff/applicant and/or counsel did not do either of the two, yet these were conditional precedents before he could come to this court for the enforcement of the undertaking, if any.…

…Grounds of opposition similarly denied the existence of the undertaking capable of being enforced, since the plaintiff did not make a deposit of Kshs 1,373,832.40 as per the terms of the letter dated 22nd July, 1997 nor confirm…

…The plaintiff/applicant and/or counsel did not do either of the two, yet these were conditional precedents before he could come to this court for the enforcement of the undertaking, if any.…

…It is clear then that the client is using the process of criminal law to enforce payment to him by his advocate of the funds paid to the advocate in settlement of the clients case.…

…In the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…

…point is being abandoned.The 1st respondent who appeared by Counsel, has produced no affidavit evidence to support his complaint of non service.Counsel for the 1st respondent urged repeatedly for a strict interpretation and enforcement…

…any question arising in the case of a person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…

…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive) (3) … (4) … (5) … (6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the…

…Where a person is dissatisfied with the decision after being served with an enforcement notice they are entitled to appeal against the said decision of the National Liason Committee.…

…As it can be protected by Law, the possessor can enforce it by an appropriate and reasonable action in a court.”…

…The constitution confers upon this court the authority to uphold and enforce the bill of rights which the petitioner so feels has been infringed requiring intervention by this court.…

…day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal enforcement…

…Consequently there was no valid and concluded contract capable of enforcement.…

…Agencies (EA) Ltd Court of Appeal, at Nairobi February 20, 1984 Potter, Kneller JJA & Chesoni Ag JA Civil Appeal No 55 of 1982 Commercial Instruments - promissory notes - bills of exchange - cheques - definition - purpose of - enforcement…

…Promissory notes are promises to pay, the object of which is to prevent disputes relating to the amount due by enabling the holder of the note to enforce payment when it becomes due (Angle-Italian Bank v Wells: Anglo-ltalian…

…They also stipulate that the award of an arbitration is to be a condition precedent to the enforcement of any rights under the contract; so that a party has no cause of action in respect of a claim falling within the clause…

…The plaintiff maintains that in neither case should the exclusive jurisdiction clause be enforced it being not binding upon the courts in Kenya which should assume jurisdiction over the two suits rather than the court in…

…Jurisdiction clause however should normally be respected because the parties themselves freely fixed the forums for the settlement of their disputes; the court should carry out the intention of the parties and enforce the…

…So for this reason enforcement of copyrights and related rights is becoming more and more a matter of focus and old laws like this Act (Cap.130) first put into operation on 1.4.66 have to be heavily amended or just overhauled…

…The averred that the prayers in the plaint were incapable of enforcement; that it was in any case incompetent because there was a pending previously instituted suit, to wit Nairobi High Court Civil Case No. 2598 of 1986,…

…Learned counsel for the plaintiff Mr Morgan submitted that the defendant was angry and full of spiteful and was not acting as a law abiding citizen impartially concerned with the enforcement of law he was rather an involved…

…KARUGA & ANOTHER 1982-88 IKAR 1018-,there Hancox J.A. said:- "I accept the proposition that if it isshown that execution or enforcement wouldrender a proposed appeal nugatory then astay can properly be given.…

…Difficulties or impossibility of enforcing the injunction may weigh heavily against it, and it will be refused where compliance with it will require the supervision of the Court, or where it involves perpetual or indefinite…

…A Court cannot stultify itself by entertaining matters in which the relief claimed cannot be enforced, or if the injunction will be ineffective for practical purpose, or be defeated by some other lawful arrangement.…