“"enforcement"” — court decisions

Judgment[1994] KECA 11412 January 1994

Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation

Court of Appeal at NairobiOwuor,England,judge bench Court,JUDGE APPEALCase number Civil Application 264 of 1993

Division and case type: CivilCivil Appeal

…The order in question was not capable of being enforced or being complied with.…

…Order 45/7 deals with matters relating to “Service of copy of judgment, etc, pre-requisite to enforcement under rule 5”. (The underlining is ours).…

19 min read

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal

…He moved the Court under Section 84 of the former Constitution that provided for the enforcement of the provisions dealing with fundamental rights and freedoms [18] That section provided as follows: “84(1) Subject to subsection…

…) to determine any question arising in the case of a person which is referred to in pursuance of (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…

Judgment[1997] KECA 1624 February 1997

SOCIETE DE TRANSPORTS INTERNATIONAL AU RWANDA v H. H. ABDI

Court of Appeal at NairobiMbito,JUDGE APPEAL,Khaminwa,RawalCase number Civil Application 298 of 1997

Division and case type: CivilCivil Appeal

…day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal enforcement…

6 min read

Judgment[1996] KECA 704 January 1996

Corporate Insurance Company v Loise Wanjiru Wachira

Court of Appeal at NairobiTunoi,JUDGE APPEAL,MuthogaCase number Civil Appeal 151 of 1995

Division and case type: CivilCivil Appeal

…They also stipulate that the award of an arbitration is to be a condition precedent to the enforcement of any rights under the contract; so that a party has no cause of action in respect of a claim falling within the clause…

10 min read

Judgment[1985] KECA 13014 February 1985

UNITED INDIA INSURANCE CO LTD, KENINDIA INSURANCE CO LTD & ORIENTAL FIRE & GENERAL INSURANCE CO LTD v s EAST AFRICAN UNDERWRITERS (KENYA) LTD

Court of Appeal at NairobiStephenson,Cairns Eschersheim,Burger United,PLATT,USSR,Buckley,Bucley,KempCivil Appeal No 36 of 1983

Division and case type: CivilCivil Appeal

…The plaintiff maintains that in neither case should the exclusive jurisdiction clause be enforced it being not binding upon the courts in Kenya which should assume jurisdiction over the two suits rather than the court in…

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…The averred that the prayers in the plaint were incapable of enforcement; that it was in any case incompetent because there was a pending previously instituted suit, to wit Nairobi High Court Civil Case No. 2598 of 1986,…

13 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998

Judgment[1992] KEHC 1259 March 1992

Harun Thungu Wakaba v Republic

High Court at NairobiBosireCase number Miscellaneous Criminal Application 34 of 1992

Division and case type: CriminalMiscellaneous Criminal Application

…any question arising in the case of a person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…

…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive).”…

36 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

…That the Officer Commanding Station, Voi Police Station together with the officers under him be requested to supervise the enforcement of orders No 1-6 above. 8.…

appeal failsDismissed67 min read