Judgment[1999] KECA 135
Case law
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Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA ..................................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) Prob & Admin Cause 172 of 1988 IN THE MATTER OF THE ESTATE OF GATUTHU NJUGUNA (DECEASED) Issue: Whether, under the Law of Succession Act, the Registrar of the High Court has power to perform the duties and carry out responsibilities of an executor or administrator of the estate of a deceased person. RULING I do not intend to write a long ruling.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Appeal 629 of 1990 (From Original Conviction and Sentence in Criminal Case No. 645 of 1986 of the Chief Magistrate's Court at Nakuru: I.C.C.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Appeal 629 of 1990 (From Original Conviction and Sentence in Criminal Case No. 645 of 1986 of the Chief Magistrate's Court at Nakuru: I.C.C.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………................................……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.
Division and case type: CivilCivil Appeal
matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.
Division and case type: CivilCivil Appeal
as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.
Division and case type: CivilCivil Appeal
When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest. She adjourned the application to 26th April 1994 for hearing inter partes.
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 3432 OF 1988 JOSEPH MUTHUSI & 2 OTHERS…………………… APPLICANTS VERSUS WILLIAM GATHOGO & 2 OTHERS …………......... RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.
Division and case type: Milimani Commercial CourtsCivil Case
In objecting to an application filed by Mr. Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That the plaintiff be allowed to nominate his mother Raphaela Njeri Paul Njagi as the transferee of the suit land; (d) That the Deputy Registrar be authorized to sign the transfer documents to effect the registration of Raphaela Njeri Pa
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.