Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…It is observed that the order sought is the setting aside of a default judgment entered herein.…
…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…
Division and case type: Constitutional and Human RightsPetition
…The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO HC DIVORCE NO. 11 OF 2006 A.C.K................................................PETITIONER VERSUS B.K................................................RESPONDENT 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 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
…Interest on amounts to be ascertained by court are normally awarded from the date of judgment. In this case interest is awarded from the date of 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 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: Milimani Commercial CourtsCivil Case
…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…
…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…
…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…
Division and case type: Milimani Commercial CourtsCivil Case
…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…
…The diversity of views on this subject can be seen by reading the judgments in Sperton Steel & Alleys Limited v Martin & Company (Contractors) [1972] 3W LR 502.…
Division and case type: Milimani Commercial CourtsCivil Case
…the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application for summary judgment…
…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…
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 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment.…
Division and case type: Milimani Commercial CourtsCivil Case
…Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That…
Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: Milimani Commercial CourtsCivil Case
…These two cases were consolidated and this judgment will relate to the two suits.…
…I will refer to them in this judgment as the adult and the infant respectively. The adult was born in 1938. He did not have a great deal of formal education.…
Division and case type: Milimani Commercial CourtsCivil Case
…In my judgment, the question of whether or not a police officer prosecutes as agent for a complainant is a question of fact and degree.…
…There is an item No III which is for KShs. 24 for the cost of the proceedings and judgment in Makadara court but it appears that only the judgment, and not the proceedings, was obtained.…
Division and case type: Milimani Commercial CourtsCivil Case
…But his own personal judgment was, according to him, confirmed by the defendant on the spot.…
…But his error of omission was not great, nor was it, in my judgment, the decisive cause of the accident. Tragic consequences light up small errors.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…
…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…DOBIE (K) LTD..............................................................PLAINTIFF VERSUS ADEN AHMED.....................................................................DEFENDANT JUDGMENT In the suit in the lower Court…
…After a full trial the trial magistrate gave judgment in favour of he respondent for the appellant to repair the respondents vehicle to full satisfaction of the respondent.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…PETER MAINA NDIRANGU.........................................APPELLANTS VERSUS REPUBLIC........................................................................RESPONDENT JUDGMENT The appeals of Julius Mugo Kiarie (1st Appellant…
…In his judgment the trial magistrate merely stated that it was unlikely, without giving any reasons, that the 2nd appellant would have taken Exhibit 1 – 7 to the shop of the 1st appellant without prior arrangement with him…
Division and case type: Milimani Commercial CourtsCivil Case
…DEFENDANT RULING This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable…
…Consequently, the application is allowed and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of the suit.…
Division and case type: Milimani Commercial CourtsCivil Case
…High Court Of Kenya At Nairobi Milimani Commercial Courts Civil Case No 535 Of 2000 Delons Limited versus Express Diaries Limited JUDGEMENT October 16, 2000 T Mbaluto, Judge delivered the following judgment.…
…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…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.…