Judgment[2023] KEHC 26694
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Division and case type: CriminalCriminal Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GITHINJI, MWILU & ODEK, JJ.A) CRIMINAL APPEAL NO. 54 OF 2015 BETWEEN ABDI YUSUF MAALIM …………………………………………………………………….APPELLANT AND REPUBLIC …………………………………………………………………………..……… RESPONDENT (An appeal from the judgment of the High Court of Kenya at Nairobi, (Justice Muchemi) dated 19th December, 2013 in H.
Division and case type: Constitutional and Human RightsPetition
In light of what I have stated, I hereby make the following orders; a) The petitioner shall continue to be held in Lang’ata Women’s Prison or such other place as may be designated by the Minister in terms of section 43(2)(b) of the Citizenship and Immigration Act, 2011 pending her removal from Kenya or pending such time as any claim lodged by her, within 30 days from the date hereof, is determined by a competent authority under relevant legislation. b) The Prison authorities shall ensure tha
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3257 OF 1978 ERIC PETER WANJAU .................................................PLAINTIFF AND GEORGE MUNDET ....................................................DEFENDANT R U L I N G On 26th of March, 1993 this court entered a judgment pursuant to an Award filed and read in court on 2nd December, 1992, in the presence of Mr.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 249 of 1995 KHIMJI'S SECONDHAND MART....................................PLAINTIFF VERSUS TABURA SECURITY AGENCY (K).............................DEFENDANT J U D G M E N T On the 3rd of April, 1995 a plaint was filed in the MombasaHigh Court of Kenya District Registry. The Plaintiff wasdescribed as Kimji's Secondhand Mart - a business firm trading atMombasa.
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 only apply to the court which made the order to set it aside.”. This court, in its more recent decision in the case of Michael Miana and K.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 166 OF 1995 AGIP (KENYA) LIMITED…………...................………….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C.
Division and case type: CriminalCase number Criminal Application
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.
Division and case type: CivilCivil Appeal
There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.
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…..……..
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 590 OF 1988 ALPHONCE ANDALO & ANOTHER t/a Highspeed General Supplies ……………………. APPLICANT VERSUS JAMES GLEEN RUSSEL LTD………......................…...RESPONDENT RULING The Notice of Motion application which came for hearing was filed in court on 23rd March 1988.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO. NAI 18 OF 1987 OTIENO……………………………… APPLICANT VERSUS OUGO & ANOTHER….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J)
Division and case type: CriminalCriminal Appeal
unreasonable to hold that the mere possession of the pistol on this date is sufficient to found a conclusion that the appellant participated in the robbery. Neither the trial magistrate nor the High Court pinpointed the evidence they considered cogent enough to justify the conclusion that the 1st appellant participated in the robbery.
Division and case type: CivilCivil Appeal
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.