Judgment[2007] KEHC 1428
Case law
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Division and case type: Milimani Commercial CourtsCivil Case
I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in any other way alienati
Division and case type: Milimani Commercial CourtsCivil Case
Plaintiffs case when she observed that the Plaintiffs had not shown a prima facie case that the orders sought in their plaint could be granted. On the basis of a letter by Kodak Company in which Kodak
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Civil Case 373 of 2006 AFRICA ECO-CAMPS LTD. …………………………… PLAINTIFF VERSUS FIDELITY COMMERCIAL BANK LTD.
Division and case type: Milimani Commercial CourtsCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Suit 379 of 2004 ANTHONY AMBAKA KEGODE ……….............................……………..1ST PLAINTIFF UHAI LIMITED………………………….............................………………2ND PLAINTIFF VERSUS FOUR NINETY INVESTMENT LIMITED…….............................…..1ST DEFENDANT ADAM GRAIG OGDEN …………..……………..........................……2ND DEFENDANT EAST AFRICAN SAFARI AIR LIMITED………..........................….3RD DEFENDANT EAST AFRICAN
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 371 of 2003 ECON CONSTRUCTION AND ENGINEERING LIMITED………….PLAINTIFF VERSUS GIRO COMMERCIAL BANK LIMITED………...……………..1ST DEFENDANT WAITHAKA MWANGI………………………..…………..……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The 1st defendant seeks an
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 500 of 1997 IN THE MATTER OF THE ESTATE OF THE LATE KIBOWEN KOMEN WILLIAM KIPROP KOMEN………………………………. …….PETITIONER VERSUS RACHEL KIPNGENO KOMEN………….……………………..… OBJECTOR RULING The applicant herein, Agrisup Limited, filed an application by way of a chamber summons under the provisions of Sections 47, 51, 66, 74, 83 and 86 of the Law of Succession Act Cap 160 and Rules 7(d), 16 and 49 of Probate and Administration Rules.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL DIVISION, MILIMANI Civil Case 1020 of 2002 ALUTA HOLDINGS LTD………………………..………………………PLAINTIFF VERSUS RAJ PARMAR……………………………………………………..…DEFENDANT RULING In this application (by chamber summons dated 7th October, 2005) the Defendant, RAJ PARMAR, seeks an order that the Plaintiff, ALUTA HOLDINGS LTD, do serve the Defendant particulars of the plaint as requested for in the request for particulars filed on 22nd July, 2005. The Defenda
Division and case type: Milimani Commercial CourtsMiscellaneous Application
factors or to omit to consider relevant factors, and according to the Advocates Remuneration Order itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings and any direction by the trial judge." In this case, the applicant has faulted the taxing officer for failing to take into account the sum which was awarded by t
Division and case type: Constitutional and Human RightsPetition
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: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 158 OF 1998 IN THE MATTER OF THE ESTATE OF GLADWELL MUMBI NJOROGE (DECEASED) RULING The applicant herein John Njoroge by way of application by summons dated 28/8/1999 seeks for the revocation of the grant granted to Margaret Rohio and Jane Tatua on 8/4/1988 for reasons that:- a.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Succession Cause 414 of 1984 IN THE MATTER OF THE ESTATE OF PAUL NENE METHA – DECEASED RULING Peter Kimani Nene and Fredrick Kimani filed the Petition for grant of representation for the estate of the deceased on 7th June, 1989. Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.
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 RightsElection Petition
attractive to cite that UK law, we have our own EPR and they do not have a provision for a judge to order for any mode of service of a petition. Neither does section 20 of the Act.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 251 OF 1988 IN THE MATTER OF THE ESTATE OF KARIUKI KAMAU (DECEASED) 1.
Division and case type: Milimani Commercial CourtsCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL APPEAL NO. 444 OF 2000 JACINTA WANGARI KAMAU ………………………….
Division and case type: Milimani Commercial CourtsSuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 1064 OF 1994 IN THE MATTER OF THE ESTATE OF ISAAC KIRERU NJUGUNA (DECEASED) RULING Kimani Njuguna and Patrick Njuguna, petitioned for a grant of letters of administration to the estate of the late Isaac Kireru Njuguna, deceased.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 1529 OF 2001 DEPOSIT PROTECTION BOARD (Suing as the Liquidator of Reliance Bank Ltd.) ……...
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 490 OF 2001 IRON AFRICA LIMITED …………………………………….
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.
Division and case type: Milimani Commercial CourtsCivil Case
has been put forward by the applicant to justify the grant of the orders sought. It is observed that the order sought is the setting aside of a default judgment entered herein.