Case law
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Division and case type: CivilCivil Appeal
…When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest.…
…It is common knowledge that the 1st respondent has in fact resigned his office as Mayor and as far as he is concerned that question is merely of academic interest.…
Division and case type: CivilCivil Appeal
…He clearly had in mind the interest of the 2nd respondent as distinct from that of the 1st respondent. She claimed to have contributed Kshs 1,000/- and yet had not been heard.…
…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…
Division and case type: CivilCivil Appeal
…The defence filed by the state cousel had pleaded a denial of publishing the said words and in the alternative it had pleaded a fair comment made in good faith and without malice upon a matter of public interest.…
…In the circumstances he had, therefore, found that the words complained of were fair comment on a matter of public interest which were honest and free from malice or improper motive.…
Division and case type: CivilCivil Appeal
…place no proprietary interest which could be wrested from it and given away to Rockland Kenya Ltd.…
…in Stones Ltd, and since Saul and Nyambu who also had interest in Stones Ltd had assumed the running of the company, and were thus, trustees of the plaintiff, as far as his interest in Stones Ltd was concerned.…
Division and case type: CivilCivil Suit
…....................DEFENDANT JUDGMENT In his plaint dated 7th July, 1992 the plaintiff claims the following from the defendant: (a) Special damages in the sum of Shs 1000/- (b) General damages (c) Costs of the suit and interest…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CivilCivil Suit
…Ultimately, I have awarded the plaintiff the followingfigures: (1) 3 month salary in lieu of notice with interest from the date of the plaint ..…
…Shs.14,400/- (2) Salary for April and May 1988 with Interest from the date of the plaint .. Shs. 9,200/ (3) General damages...................…
Division and case type: FamilySuccession Cause
…The persons shown as having an interest in the estate and who did not object to the grant being made to the respondents were: 1. Dora Amelea Awino 2. John Samuel Okoth 3. Janet Auma 4.…
Division and case type: Constitutional and Human RightsPetition
…The first being whether the interest on the sum of 2,786,945/65 deposited with HFCK that has accrued should be paid to the Petitioner. Mr Gatonye has rightly conceded that this should be so and I so order.…
Division and case type: CivilCivil Suit
…filed a suit against the defendant seeking orders that an order do issue for the defendant to return title No Nandi/Kamoiywo/982 or in the alternative to pay the sum found to M/s Standard Chartered Bank Kapsabet, costs and interest…
…As regards the amount due this arises from a bank loan whose figure varies from time to time due to interest accrual and as such the plaint is properly framed as the plaintiff will have to prove in his formal proof as to…
Division and case type: CivilCivil Appeal
…respondent general damages in the sum of 2,000,000/-, a sum far in excess of the maximum amount for which the respondent’s pick up was insured, Shs 2,256,000/- by way of special damages “plus costs to be agreed upon and interest…
…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…
Division and case type: CivilCivil Appeal
…Section 3(3) of the Act before it was amended by Act No 21 of 1990 provided that: “(3) No suit shall be brought upon a contract for the disposition of an interest in land unless the agreement upon which the suit is founded…
…As a tenant in common, his interest in the suit land could not be disposed of to a third party without his consent in writing – see section 103(2) of the Registered Land Act (cap 300).…
Division and case type: CivilCivil Appeal
…We, therefore, allow the appeal and substitute the sum of Shs 7,000/= by the High Court with the sum of Shs 45,500/= as the judgment sum with interest thereon at court rates from the date of the judgment in the High Court…
Division and case type: CivilCivil Appeal
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: CivilCivil Appeal
…Lion of Kenya Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest…
Division and case type: CivilCivil Appeal
…This appeal is of undoubted considerable interest because it involves a suit which was brought by the appellant who is a member of the legal profession and as is common knowledge, one time Chairman of the Law Society of Kenya…
…Apart from this uniqueness of the suit, it also raises important issues of public interest and the independence of the Judiciary.…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
Division and case type: CivilCivil Appeal
…Of particular interest is the Orpen’s case where the facts and the wording of the section – “4(1) The petition shall be signed by the petitioner or all of the petitioners, if more than one,” are on all fours with the facts…