Case law
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Division and case type: CriminalCriminal Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI CONST. 20 OF 2018 ATHUMANI SHUSHE BAHOLA...........................................PETITIONER VERSUS REPUBLIC..............................................................................RESPONDENT CORAM: Hon.
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: Constitutional and Human RightsPetition
In light of what I have stated, I hereby make the following orders; a) The petitioner shall continue to be held in Lang’ata Women’s Prison or such other place as may be designated by the Minister in terms of section 43(2)(b) of the Citizenship and Immigration Act, 2011 pending her removal from Kenya or pending such time as any claim lodged by her, within 30 days from the date hereof, is determined by a competent authority under relevant legislation. b) The Prison authorities shall ensure tha
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3257 OF 1978 ERIC PETER WANJAU .................................................PLAINTIFF AND GEORGE MUNDET ....................................................DEFENDANT R U L I N G On 26th of March, 1993 this court entered a judgment pursuant to an Award filed and read in court on 2nd December, 1992, in the presence of Mr.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURTSOF APPEAL AT NAIROBI civil misc appl 211 of 98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 13th October, 1997 in H.C.C.C. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court
Division and case type: CivilCase number Civil Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & SHAH, JJ.A.) CIVIL APPLICATION NO. 206 OF 1997 (89/97UR) BETWEEN MARGARET WANJIKU MWATHI ................................
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 249 of 1995 KHIMJI'S SECONDHAND MART....................................PLAINTIFF VERSUS TABURA SECURITY AGENCY (K).............................DEFENDANT J U D G M E N T On the 3rd of April, 1995 a plaint was filed in the MombasaHigh Court of Kenya District Registry. The Plaintiff wasdescribed as Kimji's Secondhand Mart - a business firm trading atMombasa.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & PALL JJ.A) CIVIL APPEAL NO.54 OF 1994 BETWEEN GABRIEL NYANGATE.............................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Mr Justice Githinji) dated 22nd May, 1992 MIS. NO.535 OF 1991) ********************
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, AKIWUMI & SHAH, JJ.A.) CIVIL APPEAL NO. 35 OF 1996 BETWEEN ELIJAH WAMBUGU MURIITHI……………..…………..…….APPELLANT AND MOSES MATHENGE MURIITHI) STEPHEN NDERITU MURIITHI)………………..………..….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 166 OF 1995 AGIP (KENYA) LIMITED…………...................………….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C.
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. She adjourned the application to 26th April 1994 for hearing inter partes.
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: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 4549 OF 1987 BACHITTER SINGH CHASE …………..………..PLAINTIFF VERSUS BARCLAYS BANK OF KENYA LTD…..……..
Division and case type: CivilCivil Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s
Division and case type: CivilCivil Appeal
Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.