Judgment
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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: 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: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
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
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: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 823 OF 1991 MATHIGU………...…… APPLICANT VERSUS MWAURA……..…………. DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO 61 OF 1991 GABRIEL NDUNGU KINUTHIA.........................APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages arising out of an accident which occurred on 16th June 1989 along Nyeri-Nyahururu Road in which the plaintiff/applicant sustained severe injur
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application for a revision under sections 362, 364, 365 and 367 of the Criminal Procedure Code. The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of
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 Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CriminalCriminal Appeal
Provided that after conviction and before passing sentence or making any order the court may permit or require the complainant to outline to the court the facts upon which the charge is founded.” Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be given are the facts relating to that charge. If the prosecution wish to have the a
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT
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: Milimani Commercial CourtsCivil Case
The application which is expressed to be brought under order 94 rule 10 and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed for the sale of goods attached in the suit to recover the amount of the decree. The goods include, an air compressor, two sand blasting units, three air spray guns, three tool kits and some spare parts.
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.
Division and case type: CivilCivil 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.
Division and case type: CivilCivil 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.