“"dismissal"” — court decisions

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…There is no provision for revival of dismissal, except by the plaintiff filing a fresh action. Yet, any dismissal under rule 4, is a bar to a fresh suit.…

…The position is that the dismissal cannot be set aside.”…

suit is dismissedDismissed10 min read

Judgment[1996] KECA 9629 February 1996

Clement J. Macharia v K. G. G. C. U. Ltd

Court of Appeal at NakuruJUDGE APPEAL,Justice,RomsalvesCase number Civil Appeal 66 or 19 of 1995

Division and case type: CivilCivil Appeal

…The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.…

…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…

Judgment[2008] KEHC 47127 November 2008

ABID ALI HASHIM v ANTONY KIHONGE MUHIA

High Court at Nairobime is,Wena,GACHUHI

Division and case type: Milimani Commercial CourtsUnclassified

…The respondent should consider himself lucky that instead of seeking the dismissal of the said suit for want of jurisdiction, the applicant has instead opted to have the suit transferred to a court with competent jurisdiction…

5 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…

16 min read

Judgment[2003] KEHC 9668 September 2003

Ali & 3 others v City Council of Nairobi

High Court at NairobiJudge,Judge erred LawCase number Civil Case 820 of 2003

Division and case type: CivilCivil Case

…His list of authorities cited the case of Mukisa Biscuit Manufacturing Co Ltd Vs West End Distributors Ltd [1969] EA 696 A case dealing with the dismissal of the suit and the courts inherent jurisdiction.…

7 min read

Judgment[1994] KECA 938 November 1994

Ngororo v Ndutha & another

Court of Appeal at NairobiJustice,JUDGE APPEALCase number Civil Appeal 55 of 1986

Division and case type: CivilCivil Appeal

…The 1st respondent in his written statement of defence and counter-claim prayed for a dismissal of the suit and a declaration that the appellant was a trustee for the 1st respondent for half of the suit premises.…

7 min read

Judgment[1985] KECA 11615 December 1985

Madhupaper International Limited v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,Bank KCFCCase number Civil Miscellaneous Application 116 of 1985

Division and case type: CivilMiscellaneous Application

…2 All ER 443 in which Mr Justice Megarry held that where a judge dismissed an application for interlocutory injunction he has jurisdiction to grant the unsuccessful applicant an injunction pending an appeal against the dismissal…

application is refusedDismissed19 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

Division and case type: CivilCivil Suit

application is refusedDismissed19 min read

Judgment[1983] KECA 12123 May 1983

M’Ikiara M’Mukanya & another v Gilbert Kabere M’Mbijiwe

Court of Appeal at NairobiJudge erred LawCase number Civil Appeal 13 of 1980

Division and case type: CivilCivil Appeal

…They asked for dismissal of the suit.…

24 min read