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Court decisions & case law | Wakili Link
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2,883 judgments, rulings and orders · latest 2 June 2026
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Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.
Division and case type: Anti-Corruption·Miscellaneous Criminal Application
tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its own discretion whether it should do so. The Attorney-General did not need any authority, nor a reminder, that in the light of the opinions expressed by the Constitutional Court he could terminate the proceedings even when coupled with a wet hope that he would do so.
Court of Appeal at NyerimagistrateCase number Criminal Appeal 163 of 1984
Division and case type: Criminal·Criminal Appeal
REPUBLIC OF KENYA Kioga v Republic Court of Appeal, at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment. On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).
High Court at MombasaHis,AllCase number Civil Case 1034 of 1983
Division and case type: Civil·Civil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
High Court at MombasaHis,AllCivil Case No 1034 of 1983
Division and case type: Civil·Civil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
and Mr Jayantilal Shah of that firm took over his defence. He applied on October 11, 1982 for an order that his firm should cease to act for the defendant because it could get no further instructions in the suit from the defendant which the defendant said he had not alternative but to accept and it was all right if the firm did not wish to represent him.
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?