Judgment[2023] KEHC 27253
Case law
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Division and case type: Constitutional and Human RightsJudicial Review
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE MATTER OF: PETITION BY ABDULLAH MANGI MOHAMED CHALLENGING INFRINGEMENT OF HIS CONSTITUTIONAL RIGHTS BY THE ISSUE, EXISTENCE AND CONTINUED EXISTENCE OF TITLE DEED HELD BY THE 4TH RESPONDENT DATED 10TH JANUARY 2006 OVER PLOT NO. 539 SECTION III MAINLAND NORTH BETWEEN ABDULLAH M
Division and case type: Constitutional and Human RightsPetition
Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: Constitutional and Human RightsElection Petition
Appeal went to great lengths to examine the relevant authorities and I totally agree with their conclusion on that issue. However in this case in considering the legal effect of the Act and the rules and particularly sections 14 (1) (a) and 14 (2) the provisions of the Interpretation and General Provisions Act (cap 2) set out namely section 24 and section 33 were not considered.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA DIVORCE CAUSE NO.9 “A” OF 1996 A M ………………………………………………… PLAINTIFF - versus – Y J M …………………………………………… DEFENDANT J U D G E M E N T The Petitioner A M is a Swiss national who on 31-1-92 married the Respondent a Kenyan citizen in Switzerland. Immediately after their marriage the two came to Kenya and cohabited together at Diani in South Coast of Mombasa.