Judgment[2010] KEHC 210
Case law
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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: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. LOWE & COMPANY LIMITED …………………………….PLAINTIFF VERSUS CREDIT AGRICOLE INDOSUEZ …………………………1ST DEFENDANT BANK OF AFRICA KENYA LIMITED …………...…….….2ND DEFENDANT REGISTRAR OF TITLES, MOMBASA …………….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depe
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: CivilMiscellaneous Civil Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 18 OF 2003 ALI AHMED NAJI ……………………………..……………..
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: CivilCase number Civil Application
REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT (An application for extension of time within which to lodge the record of appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon. Lady Justice Khaminwa) dated 6th February 2009 in H.C.C.C.
Division and case type: Constitutional and Human RightsJudicial Review
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND IN THE MATTER OF LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990 AND IN THE MATTER OF RONGO LAND DISPUTES TRIBUNALS AND IN THE MATTER OF RESIDENT MAGISTRATE’S COURT AT RONGO BETWEEN ABEL ODAGO ONYANGO ………………………..
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 616 of 2009 DR. MAINA MWEA T/A SPAX PUB & RESTAURANT ......................................................PLAINTIFF VERSUS GEORGE KIMANI NJUKI ………………..…………… ………...1ST DEFENDANT GEPRGE WAINAINA REBO…………………………………….2ND DEFENDANT RULING 1.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Civil Case 29 of 2007 FRIDAH NYAGUTHII MUNENE…………......…….PLAINTIFF Versus PETER MURIITHI KINGAU....…………........1ST DEFENDANT BERNARD KARERU KAROKI…………..….2ND DEFENDANT PHYLIS WANJIRA KANGANGI……….……3RD DEFENDANT J U D G M E N T This is a suit instituted by way of an amended plaint dated 23rd May, 2007 and filed in court on the same day through Messrs Rika & Co. In that amended plaint, Frida Nyaguthii Munene, hereinafter referred
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 860 of 2004 BLUESHIELD INSURANCE CO. LTD……...…APPELLANT VERSUS SAMUEL NYAGA NGURUKIRI…..…………..RESPONDENT J U D G M E N T 1.
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: FamilySuccession Cause
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: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do