Case law
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Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN 1. JOSEPH MBUGUA DEDAN GACHUMI 2.…
Division and case type: FamilySuccession Cause
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…
…Shah) delivered on 30th June, 1994 in H.C.C.C SUCCESSION CAUSE NO. 975 OF 1993 ******************** RULING OF THE COURT An appeal does not lie to this Court in this matter without the leave of the superior court.…
Division and case type: Environment and LandLand Case
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
Division and case type: FamilySuccession Cause
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA .....…
…We accordingly order that the notice of appeal filed in Court on 18th December, 1998 be struck out with costs to the applicant. Dated and delivered this 16th day of November, 1999. A. M. AKIWUMI ...............…
Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & PALL, JJ.A.) CIVIL APPLICATION NO.…
Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Omolo, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO.…
Division and case type: Environment and LandCivil Suit
…The Court of Appeal has provided guidance on construction of that provision.…
…The Court of Appeal’s response to that argument is found at page 8 of the judgment line 9 from the bottom.…
Division and case type: Environment and LandPetition
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
…This position has been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held…
Division and case type: FamilySuccession Cause
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
…This position has been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held…
Division and case type: FamilySuccession Cause
…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…
Division and case type: Environment and LandLand Case
…The approach to be adopted by the Court on an application for stay of execution is outlined in several decisions of the High Court and Court of Appeal including the cases of Reliance Bank Ltd v Nor Lake Investments Ltd {2002…
Division and case type: Environment and LandLand Case
…The approach to be adopted by the Court on an application for stay of execution is outlined in several decisions of the High Court and Court of Appeal including the cases of Reliance Bank Ltd v Nor Lake Investments Ltd {2002…
Division and case type: Environment and LandCase
…The approach to be adopted by the Court on an application for stay of execution is outlined in several decisions of the High Court and Court of Appeal including the cases of Reliance Bank Ltd v Nor Lake Investments Ltd {2002…
Division and case type: Environment and LandCivil Appeal
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
Division and case type: Environment and LandLand Case
…He relied on the Court of Appeal decisions in Shimmers Plaza Limited v National Bank of Kenya Limited as well as Mutikika V Baharini Farm Limited to emphasize the need to obey court orders by all parties. 26.…
…In Shimmers Plaza Limited v National Bank of Kenya Limited, Civil Appeal 33 of 2012) [2015] KECA 945 (KLR) (Civ), the court of appeal emphasized that “[T]he duty to obey the law by all individuals and institutions is paramount…
Division and case type: Environment and LandMiscellaneous Application
…In the case of Bashir Ahmed Butt v Uwais Ahmed Khan (1982 – 88) IKAR 1 (1981) KLR 349 the Court of Appeal held that: “It would need a great deal of persuasion before imputing contributory negligence to the child aged 8 years…
Division and case type: FamilySuccession Cause
…The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence. Dr.…