Judgment[2009] KEHC 568
Case law
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Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior 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
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A. (IN CHAMBERS) CIVIL APPEAL NO.
Division and case type: CivilCivil Appli
both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders. The application is supported by the affidavit of JonahKip Ngeno, a State Counsel in Mombasa sworn on 24-9-98.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.
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: 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 & 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
distributed in accordance with the law of intestacy but instead of leaving it at that, he proceeded to order that the appellant and the respondents, as the only surviving persons beneficially entitled to the deceased's estate, should share the suit land in equal shares. This part of the Judge's order cannot be sustained.
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
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………................................……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.
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 NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.
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: 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
IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ………………………………..….. RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987)
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