Case law
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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).…
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…
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…
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…
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…
…Jurisdiction clause however should normally be respected because the parties themselves freely fixed the forums for the settlement of their disputes; the court should carry out the intention of the parties and enforce the…
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,…
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.…