“"appointment"” — court decisions

Judgment[1984] KECA 443 April 1984

Morjaria v Abdalla

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 1 of 1982

Division and case type: CivilCivil Appeal

…Mr Khanna, on the basis of Re Crowhurst park, Sims-Hilditch v Simmons [1974] 1 AER 991, submitted that an appointment under rule 96 could only be made where a full grant of probate or letter of administration had been made…

…However, we do not think that the appointment of a person “ad colligenda bona” can possibly include the right to stand in the shoes of the deceased for the purpose of instituting an action, or, indeed, an appeal, especially…

13 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…Applicant. j) In reply to paragraph (2) (vii) of the said Affidavit, I aver and affirm that as provided for in Regulation 3 (2) of the Elections (General) Regulations, 2012 as amended by Legal Notice 72/2017, prior to the appointment…

…constituency returning officer for Lamu East and Lamu West Constituencies and their Deputies the Applicant has not led any evidence nor given particulars in his Petition to show that he made representations against their appointment…

appeal succeedsAllowed73 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

appeal succeedsAllowed73 min read

Judgment[1986] KECA 8310 August 1986

Jitendra Brahmbhatt v Dynamics Engineering Ltd

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 92 of 1983

Division and case type: CivilCivil Appeal

…He invited our attention to the Kenya case of Cruisair Ltd v CMC Aviation Ltd (No2) [1978] KLR 131, in which the petition was advertised before it was served on the company and which led to the appointment of receivers and…

…Until January 1983, every petition had to be advertised at least seven days before the hearing otherwise the appointment for hearing would be cancelled unless the petitioner or his advocate appeared before the registrar to…

petition is set asideDismissed42 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…Prior to that appointment, the deceased had served for many years as the Director of the City Inspectorate with the Nairobi City Council.…

…S.2(1) of the Succession Act, Cap.160 denes and executor as follows: - Executor means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, conded.” 12.…

appeal allowedAllowed67 min read