Case law
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Division and case type: CivilCivil Case
On the setting aside the courts dismissal orders . The Plaintiff and through his advocate gave an explanation that the service upon him had been done by registered post to the advocate.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 2772 of 1997 ALLAN S. REYNOLDS .................................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree pending appeal.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C. 30 OF 1994) ******************** RULING OF THE COURT This is an application under Rule 80 of the Court of Appeal Rules (Rules) for
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 862 of 2004 ALBERT KIRUTHI MUKABI (T/a PIPELINE HARDWARE)...PLAINTIFF V E R S U S CITY COUNCIL OF NAIROBI ..............................................DEFENDANT R U L I N G It is conceded by the Plaintiff’s learned counsel that this suit can no longer be maintained. This is because of the expiry of the Plaintiff’s trading licence on or about the 31st December, 2004 upon which the suit was based.
Division and case type: Environment and LandCivil Suit
The litigants argument is found at page 5 of the ruling 2nd paragraph line 10 from the bottom: “that order vii rule 1(2) Civil Procedure Rules is silent as to whether each plaintiff should file a verifying affidavit, that there is no need for filing affidavit by each plaintiff as what is to be verified is the correctness of the averments and not their truthfulness, that the truthfulness of the claim is a matter for the trial, that the verifying affidavit of the first respondent is sufficient
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Appeal 59 of 2006 JACKSON NZARO……………………………………………………….APPELLANT VERSUS KAVITA BHATT……………………………………………………….. RESPONDENT J U D G M E N T This is an appeal against the decision of the Principal Magistrate given on the 30th March 2006 allowing the Respondent’s applications dated 17th March 2006 and 15th March 2006 in Mombasa CMCC Numbers 817 of 2006 and 993 of 2006 respectively which had been consolidated.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Appeal 30 of 1997 [Being an appeal from the Judgment of Honourable Japhet Mahasi – R.M in Resident Magistrate’s Court - Kabarnet, Land/Civil case Nos. 1 & 2 of 1992 dated the 24th March 1997] DANIEL KIPKEMEI CHEROGONY ...…...………….…...
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment and order of the High Court of Kenya at Nairobi ( Nyamu, J.) dated 9th November 2004 in MISC APPLICATION NO. 946 OF 2004) *************************** REASONS FOR JUDGMENT OF THE COURT On the 9th of June, 2005 we delivered our judgment in this appeal dismissing it and reserv
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 237 of 1999 ABDALLA A. BAJABER….………………….………………….………PLAINTIFFS VERSUS CHEPKWE HOLDINGS LTD & ENOCK TUITOK .…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Suit 1175 of 2005 ADAM THUMI…………………………………………………………….. PLAINTIFF VERSUS MAINA KIRIRO………………………………………...……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Civil Case 189 of 1989 BENJAMIN SIPITALI MUNGWANA ……..................PLAINTIFF (NOW DECEASED) VERSUS NORAH KHAOYA SHEM) JENIPHER ACHINGO MUNGWANA) ……...………….............………. DEFENDANT AND SHEM NALIANYA SIBITALI ………………………………............……...
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 125 of 2004 ABDI YASIN KOIKAI…………...………………………….........…..………..PLAINTIFF VERSUS OLE NAKUYAKI SAMSON & 11 OTHERS ………….....…………..….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section 28 of the Land (Group Representatives) Act Cap 287. They also said that it contravened
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI MISC. 55 OF 2003 ALEXANDER MAIGWA MWANGI……………………….APPLICANT VERSUS ANNE WAMUCII MUHIHI………………………..…..RESPONDENT R U L I N G The applicant has come to this court under Section 79 G of the Civil Procedure Act seeking leave of this court to file his intended appeal against the judgment delivered on 20th November 2002 in Nyeri CMCC No.360 of 2001.
Division and case type: CivilCase number Civil Application
IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Case
REPUBLICOF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL CASE NO. 89 OF 2000 FLORENCE WAMBUI MWANGI ……………………………PLAINTIFF VERSUS MICHAEL WARUI GITHINJI ………………………………DEFENDANT J U D G M E N T Florence Wambui Mwangi brought this suit in her capacity as the Administratrix of the Estate of her late sister Jane Nyambura Mwangi seeking general and special damages under the Fatal Accidents Act and the Law Reform Act against Michael Warui Githinji and James Macharia (hereinafter referred to as 1st & 2
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO. 104 OF 1999 STEPHEN NJOROGE KIBOI………..…………………………PLAINTIFF VERSUS DANIEL NGULI KYALO……………………………….1ST DEFENDANT MASAI ITUMO…………………………………………2ND DEFENDANT RULING The Plaintiff filed this suit against the Defendants on 12th March, 1999.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO. DANIEL ………………………………..PLAINTIFF VERSUS JAMES M.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 73 OF 2002 DIETRICH BOELLING ….…….……………..
Division and case type: CivilCivil Case
REPULBIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1269 OF 2000 FRANCIS MUKUNGA WAWERU……………………………..PLAINTIFF VERSUS ATTORNEY GENERAL………………………………………DEFENDANT RULING There was a preliminary point raised by Mr.