Court decisions & case law

Judgment[1993] KEHC 16529 November 1993

Githunguri & another t/a Githunguri & Collins Architects v Kenya Railways Corporation

High Court at Nairobime they have raised the issue of the jurisdiction to entertain both the suit,application,relying on the arbitration clause,HoweverCase number Civil Suit 2461 of 1992

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2461 OF 1992 GITHUNGURI & ANOTHER T/A GITHUNGURI & COLLINS ARCHITECTS …….……..APPLICANT VERSUS KENYA RAILWAYS CORPORATION….…………… DEFENDANT

5 min read

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

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

Appeal failsDismissed19 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

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.

Application dismissedDismissed8 min read

Judgment[1991] KECA 1331 July 1991

Mangi v Munyiri & another

Court of Appeal at NairobiShieldsCase number Civil Appeal 143 of 1990

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

Appeal dismissedDismissed15 min read

Judgment[1991] KEHC 135 June 1991

CLEMENT BENSON GACHANJA v ARAB AFRICA LIMITED

High Court at NairobiGithinji,Mogikoyo,Oyatsi,NdisyaCase number Bankruptcy Cause 4 of 1990

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.

4 min read

Judgment[1990] KEHC 542 October 1990

Bachitter Singh Chase v Barclays Bank of Kenya Ltd

High Court at NairobiAluoch,It,Mutula Kilonzo,AkinCase number Civil Case 4549 of 1987

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…..……..

suit failsDismissed22 min read

Judgment[1987] KECA 21 April 1987

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

Court of Appeal at NairobiShields,Bosire,we ask Judges,disqualify JudgesCivil Appeal 31 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.

6 min read

Judgment[1984] KEHC 3918 December 1984

KIMANI NGAU v REPUBLIC

High Court at NairobiAluochCase number Criminal Appeal 994 of 1984

Division and case type: CriminalCriminal Appeal

conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.

2 min read

Judgment[1983] KEHC 3124 October 1983

James Odemba Otieno v Republic

High Court at NairobiCourt,HoweverCase number Criminal Appeal 6 of 1983

Division and case type: Milimani Commercial CourtsCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT (Appeal from Conviction and Sentence of the Court Martial at 7th Kenya Rifles Langata Barracks, Nairobi)

18 min read

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King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Di v ision Ltd &

Githunguri & another t/a Githunguri & Collins Architects v Kenya Railways Corporation

Bernard M. Mbithi v Mombasa Municipal Council & another

Bandali t/a Shimoni Enterprises v Wills

Mangi v Munyiri & another

CLEMENT BENSON GACHANJA v ARAB AFRICA LIMITED

Bachitter Singh Chase v Barclays Bank of Kenya Ltd

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

KIMANI NGAU v REPUBLIC

James Odemba Otieno v Republic