Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…A party brings an action based on an assessment for breach is neither entitled to judgment on a normal suit or to a winding up order in a petition. MWATSAHU Vs. MARO [1967] EA 42.…
…A case where the plaintiff obtained judgment in default of defence for an amount which included the costs of repairing a car.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…He holds the view that the decision was in contrast with the decision or Judgment in Muruatetu case.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…..................................APPELLANT VERSUS REPUBLIC................................................................................RESPONDENT (Appeal from the Resident Magistrate’s Court at Thika, RN Kamiro Esq) JUDGMENT…
…He said, in his judgment, that immediately after the incident he, the appellant, went into hiding and that it was only after 9 months, that he was found and arrested.…
Division and case type: Milimani Commercial CourtsCivil Case
…OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL CASE NO 2042 OF 1985 LONRHO EAST AFRICA LIMITED .....................PLAINTIFF VERSUS CONSOLIDATED CITY VENTURES.......................DEFENDANT JUDGMENT…
…May 30, 1989, A Rauf Judge delivered the following judgment Acting upon the agreements dated February 20, 1975 between the defendant and the Pan Africa Insurance Company Limited (to be called the company), and dated March…
Division and case type: Milimani Commercial CourtsCivil Case
…Accordingly I enter judgment for the defendant as prayed in the counterclaim as follows; a. Judgment for the defendant against the plaintiff for Ksh. 4,026,033/=. b.…
Division and case type: Constitutional and Human RightsPetition
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…ENTERPRISES LIMITED........................................................PLAINTIFF VERSUS GATUKUYU COFEE GROWERS COOPERATIVE SOCIETY LTD & 2 OTHERS..............................................................DEFENDANT JUDGMENT…
…Accordingly I enter judgment for the plaintiff as prayed in the plaint together with the costs of this application. Dated and Delivered in Nairobi this 2nd day of December 1985. D.SCHOFIELD JUDGE…
Division and case type: Constitutional and Human RightsPetition
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 40 OF 1986 IN THE MATTER OF RWINO INVESTMENTS LTD AND IN THE MATTER OF THE COMPANIES ACT (CAP JUDGMENT.…
…The petition has been presented by Standard Chartered Acceptances Limited (hereinafter referred to as “the Petitioner”) and is supported by 9th other creditors amongst whom one, Shirjibhai & Sons, is a judgment creditor.…
Division and case type: Milimani Commercial CourtsCivil Suit
…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…
…It is on record that the plaintiff has applied for judgment against those defendants in default of an appearance.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO. 35 OF 1983 REPUBLIC.......................................................................APPLICANT VERSUS HASMUKH MEGHJI SHAH.......................................RESPONDENT JUDGMENT…
…In any trial before a subordinate court any public prosecutor may, with the consent of the court, or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of…
Division and case type: Constitutional and Human RightsPetition
…re hearing the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment…
…I note that in para 3 of the plaint in -------------------------- no 1554/80 in which the creditors--------------------------------------- judgment the subject matter of this petition at debtor was described as a “businessman…
Division and case type: Constitutional and Human RightsPetition
…INTERESTED PARTY JUDGMENT Introduction and background 1. The petitioner is a non-Kenyan, who is at the brink of being rendered stateless. The matter is a culmination of events both within and outside the country.…
…The UNHCR urged the court to ‘give directions as to the suitable and/or alternative place of accommodation for the Petitioner pending judgment in this matter.” 14.…
Division and case type: Milimani Commercial CourtsCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1252 OF 1985 MBUTHIA........................................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION.................DEFENDANT JUDGMENT…
…In view of what is stated above, there will be judgment for the plaintiff as follows; 9 a) Kshs 1.7 million being the value of the plot. b) Kshs 255,000 being 15% of the value of the plot. c) Cost of the suit. d) Interest…
Division and case type: Milimani Commercial CourtsCivil Case
…OF KENYA AT NAIROBI CIVIL CASE NO. 2260 OF 1982 NEWSTANLEY HOTEL LIMITED ...................................................PLAINTIFF VERSUS ARCADE TOBACCONISTS LIMITED..........................................DEFENDANT JUDGMENT…
…He referred me to Batchelors Bakery Limited v Westlands Security Limited and the judgment of Madan, JA as he then was.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…PETER WAFULA SIMIYU ALIAS BOSCO WAGOYE..................APPELLANTS AND REPUBLIC.........................................................................................RESPONDENTS JUDGMENT We have consolidated these four…
…Mr Harwood also referred us to the judgment and the serious omission of the magistrate in not considering the evidence against each of the appellants individually. That we will do now.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…
…Kasango, J. refused the application, but in doing so she held that the Plaintiff could rely on the letter though its terms were not so clear as to entitle the Plaintiff to judgment on admission based on the letter.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…......................................APPELLANT VERSUS REPUBLIC............................................................RESPONDENT (Appeal from the Second Class District Magistrate’s Court at Nairobi, Miss B L Obayo) JUDGMENT…