Judgment[1989] KEHC 2
Case law
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Division and case type: CivilCivil Appeal
made under Order VI rule 13. Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.
Division and case type: CivilCivil Appeal
made under Order VI rule 13. Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Masime, Gicheru & Kwach JJ A) CRIMINAL APPEAL NO 74 OF 1989 Between PETER MBURU KANGETHE................................... APPELLANT AND REPUBLIC.............................................................RESPONDENT
Division and case type: Commercial and TaxCase number Winding Up Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 43 OF 1988 IN THE MATTER OF MAGNUM INTERNATIONAL LTD AND IN THE MATTER OF THE COMPANIES ACT (CAP. Mr Khaminwa has applied under Section 228 of the Companies Act (hereinafter called the Act) that notwithstanding that Magnum International Limited (hereinafter called the Company) had been ordered to be wound up by an order of the Court made on 26th June, 1989, the Company may be at liberty to commence p
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1152 OF 1988 BETWEEN ALI............................................................... APPELLANT VERSUS REPUBLIC..............................................RESPONDENT
Division and case type: CivilCivil Appeal
Editorial Note Section 3(1) of the Judicature Act was erroneously cited as section 3(3) in the original judgment. IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT
Division and case type: CivilCivil Case
On the prepondrance of evidence before me as a whole, I cannot help reaching the inescapable conclusion on such evidence, that the 2nd Defendant was not an innocent purchaser for value of the shit land. I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase of the suit land that the said land had then been sold to the Plaintiff wh
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 36 OF 1989 IN THE MATTER OF TURTLE BAY HOTELS LIMITED AND IN THE MATTER OF THE COMPANIES ACT RULING. By a Petition presented on 31st August, 1989 Fitzval Remedios Santana De Souza (herein after called the Applicant) has prayed for certain reliefs under Section 211 of the Companies Act and alternatively that the Company namely Turtle Bay Hotels Limited (herein after called the Company ) be wound
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEALS NOS 976 & 977 OF 1986 (CONSOLIDATED) BETWEEN KINYANJUI & 2 OTHERS............................. APPELLANT AND REPUBLIC......................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1028 OF 1987 BETWEEN KIMANI..................................... APPELLANT V REPUBLIC.................................RESPONDENT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 413 OF 1989 GEORGE & 15 OTHERS ………………………………….....................…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application. Accordingly, the objection w
Division and case type: Constitutional and Human RightsPetition
to pay its debts and in my opinion it is just and equitable that it should be wound up. Accordingly I order that the debtor company known as Magunum International Limited be wound up.
Division and case type: CriminalCriminal Appeal
Provided that after conviction and before passing sentence or making any order the court may permit or require the complainant to outline to the court the facts upon which the charge is founded.” Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be given are the facts relating to that charge. If the prosecution wish to have the a
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL CASE NO 2042 OF 1985 LONRHO EAST AFRICA LIMITED .....................PLAINTIFF VERSUS CONSOLIDATED CITY VENTURES.......................DEFENDANT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 1384 OF 1987 BETWEEN MWANZA SAYEKO..........................................APPELLANT AND REPUBLIC.........................................................RESPONDENT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 767 OF 1987 CITY SERVICE STATION……............….……….. APPLICANT VERSUS JAMRECK PETER NJUGUNA …...………...… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and that he does not owe the plaintiff the sum claimed.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2408 OF 1987 MT KENYA SAFARI CLUB LTD....................PLAINTIFF VERSUS MUKAWA (HOTELS)HOLDINGS LTD............DEFENDANT RULING April 6, 1989 Rauf J delivered the following Ruling. It was agreed between the learned counsel for the parties that the issue No 2 in the draft issues annexed to the summons for direction be argued first in order that the claim for general damages in the plaint could be determined accordingly.
Division and case type: CivilCivil Suit
property ie Nairobi (Block 106 /242 (House No 203) until the determination of this suit or further orders of this court. Costs of this application to be costs in the cause.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 4925 OF 1988 ELIUD OKIRING FREDRICK EPOLOTO ZAKAYO EPUS ……………………………….....….. APPLICANTS VERSUS ISAAC NAMANGO J S KIAKULA ………………….…………………..RESPONDENTS RULING The plaintiffs are practicing priests under the Diocese of Nambale in the Church of the Province of Kenya (hereinafter called CPK).
Division and case type: CriminalCriminal Appeal
statement made by the appellant to the police and which he gave to the court for perusal.At the conclusion of Mr Chunga’s outline of the facts the appellant then said:- “I agree all the facts.” He was then convicted of the offence and later sentenced to 5 years imprisonment. In passing sentence the learned Chief Magistrate stated that he had taken into consideration what the appellant had stated in mitigation as well as the contents of the appellant’s statement made to the police.