Judgment[2019] KEHC 486
Case law
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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: CivilCase number Civil Application
REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT (An application for extension of time within which to lodge the record of appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon. Lady Justice Khaminwa) dated 6th February 2009 in H.C.C.C.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 116 OF 1993 GURDARSHAN SINGH ………………………..APPELLANT VERSUS C.K.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. THE ATTORNEY GENERAL...........................................................RESPONDENTS (Being an appeal from the ruling of the High Court of Kenya at Nairobi (Justice Shields) dated 25th October, 1990 in H.C.C.A.
Division and case type: CivilCivil Appeal
that the learned trial Judge improperly exercised his discretion in declining to set aside his order dismissing the appellants case and the ex parte judgement. In the result we allow the appeal, set aside both the ex parte order of dismissal and he ex parte judgement on the counterclaim and order that the claim and the counterclaim do proceed to hearing in the superior court.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.) CIVIL APPEAL NO. 62 OF 1993 BETWEEN CARTER & SONS LTD...................................................................APPELLANT AND 1.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & AKIWUMI, JJ.A. NAI.70 OF 1996 BETWEEN MWANZI ROAD PROPERTIES LIMITED…..……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: Anti-CorruptionCivil Appeal
company and that the respondents would hold the Deed Plan, when released, to the Order of the Acceptances. As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.
Division and case type: CivilCivil Appeal
This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio
Division and case type: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
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: 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: 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.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo, Masime JJA & Gicheru Ag JA) CIVIL APPEAL NO 12 OF 1987 BETWEEN CHEGE.......................................................... APPELLANT AND SULEIMAN...................................................RESPONDENT (Appeal against the ruling of the High Court at Nairobi, Kwach CA) RULING July 13, 1988, Apaloo, Masime JJA & Gicheru Ag JA delivered the following Ruling.
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