Judgment[1991] KEHC 33
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA Losiamuro v Lochab Brothers & another High Court, at Mombasa December 30, 1991 Wambilyangah J Civil Case No 48 of 1988
Division and case type: CivilCivil Case
Wamalwa & Company Advocates were not able to meet those requirements. They had to get the Order varied so that they can use another Bank.
Division and case type: CivilCivil Case
N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be set aside on those grounds which would justify the setting of a contract. Those grounds are such as fraud, mistake or misrepresentation.
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 11 of 1991 In The Matter of East African Road Services Ltd and In The Matter of The Companies Act Ruling. By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited liability company with its registered office in Nairobi (here in after called
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Provincial Construction Company Ltd & another v Attorney General High Court, at Nairobi October 15, 1991 Mbito J Civil Case No 165 of 1991
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment be set aside in such a case. The plaintiff applied
Division and case type: CivilCivil Appeal
Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction
Division and case type: Constitutional and Human RightsPetition
Receiver comes, he has to move the creditors to allow him to sell his properties by private treaty in order to pay and get off the hook? Well that is left to him with his counsel.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Tui v Republic High Court, at Nairobi May 29, 1991 Porter & Mbaluto JJ Criminal Appeal No 1259 of 1989 Criminal law – causing death by dangerous driving – whether merely alleging high speed is sufficient - failure to call expert evidence to show that speed may have been implied by the length of the skid marks - whether charge proved beyond reasonable doubt. The appellant was convicted in a Magistrate’s Court for the offence of causing death by dangerous driving and sentenced to
Division and case type: CivilCivil Case
will decree costs in favour of the defendant. In those circumstances, is there really any basis for an order for security of costs?
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) CIVIL SUIT 4147 OF 1986 PETER MUATHE NGUVI ………………………..PLAINTIFF versus MASINYA MUTUA………...……….……………DEFENDANT
Division and case type: CriminalCase number Criminal Application
Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Aroko v Ngotho & another High Court, at Nairobi March 5, 1991 Githinji J Civil Case No 689 of 1991 Landlord and Tenant – lease – absence of an agreement in writing - a lease becomes a periodic tenancy – section 46 (1) Registered Land Act - tenancy landlord accepting rent after expiry of notice to vacate – effect of such acceptance – section 52 (2) of the Registered Land Act - whether Kenya’s Distress for Rent Act has provisions for double rent where a tenant holds over as in
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Bankruptcy & Winding-Up Cause 8 of 1990 Kimemia ......................................................................................... APPLICANT versus Commercial Bank of Africa Ltd ..........................................RESPONDENT RULING This is an application to set aside the receiving order given on 14/2/91 against the appellant – Debtor.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Southern Oil Supplies Co Ltd v SGS Kenya Ltd High Court, at Mombasa February 5, 1991 Wambilyangah J Civil Case No 724 of 1985 Civil Practice and Procedure - security for costs – court’s discretion in making an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs. The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Compani
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.