Case law
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Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel for the appellant submitted mainly on the court order for payment of Kshs.50,000/= saying there was no evidence to support this claim because none was adduced to show that the appellant opened premises.…
Division and case type: CivilCivil Suit
…It is for these reasons that the applicant cannot understand why his land should be sold without a court order for failure to meet this obligation.…
…The parties in this application being different from the parties in Civil Suit No 115 of 1984, any order of the court made, cannot affect them or anybody else who is not a party to it.…
Division and case type: CivilMiscellaneous Application
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: CivilCivil Suit
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: CivilCivil Case
…I have given serious consideration to all the mattersthat were urged before this court in this application including theallegations made by the Plaintiffs that the Defendant has breachedthe court order which they now seek…
Division and case type: CivilMiscellaneous Application
…It is for these reasons that the applicant cannot understand why his land should be sold without a court order for failure to meet this obligation.…
…The parties in this application being different from the parties in Civil Suit No 115 of 1984, any order of the court made, cannot affect them or anybody else who is not a party to it.…
Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the plaintiff stated that it has already been ruled by the court that the order for police supervision should not have been made and the same has been set aside or stayed; that he has to show by law that…
…It is clear that when the plaintiff withdrew his suit it did not pull down the defendant’s counter claim and that is why the court made an order that he should process the counter claim for hearing and final determination…
Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…Order VIA rule 3 commences that: “3 (1) Subject order 1, rules 9 and 10 …. and the following provisions of the rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise as may be just and…
Division and case type: CivilCivil Appli
…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…
…Init he says that since the High Court order LSK has fullyparticipated in the proceedings of the Commission and it (LSK)has already issued notices to call certain notable witnesseswhom they say are standing in senior position…
Division and case type: CivilCivil Suit
…to order the defendant to accept back his money and give the plaintiff back his shamba which he mortgaged to him.…
…Jessel MR in Pulbrook v Richmond Consolidated Mining Co., (1878), 9, Ch, D 610, 615 (CA) explained the consequence of a court order for the rectification of the register of a company in this way “The name of Mr Cuthbert has…
Division and case type: Milimani Commercial CourtsCivil Case
…The proposition that a person instituting legal proceedings before a court is not liable in respect of imprisonment where the imprisonment is the result of a court order has long been established in English law; Lock v Ashton…
Division and case type: CivilCivil Appeal
…The reason for that degree of protection is that the sheriff or bailiff is bound to execute a court order. He has no option but to do so. Therefore, he has to have protection.…
…I say this despite the wrong indication in the proclamation, Ex 4, which would mislead the reader into thinking that there had, indeed, been an order of the Court.…
Division and case type: CivilCivil Appeal
…That this court do order Pan African Insurance Co Ltd to stop payment of the respondent’s claim No CU/44/9/0 if the same is payable until appeal filed herein is heard and determined. 3.…
…As I have already stated, the applicant (appellant) is entitled to his costs of this application and costs in the lower court. Order accordingly. Dated and delivered at Meru this 25th day of June, 1991. S O OGUK JUDGE…
Division and case type: CivilCivil Appeal
…respondent an injunction restraining the appellants, their servants, agents and workmen from entering and building on all that land known as plot no 58 Nkubu until the hearing of the respondent's suit or until a further order…
…of the court.…
Division and case type: CivilCivil Appeal
…Order 75, (the Order), the Supreme Court Practice, 1988 of England had provided for admiralty proceedings.…
…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…
Division and case type: CivilCivil Appeal
…Regarding the superior court’s order releasing the deceased’s body to the deceased’s younger brother, Yusuf Kipkorir Kaittany (D.W.8), and the respondent for burial at Belgut farm belonging to the deceased’s father, it is…
…Since he had assured the deceased that he would look after his grave there was no need for a court order to give eect to what was really an obligation he had voluntarily assumed and he had not sought any such order. 20.…