Case law
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Division and case type: CivilCivil Appeal
…by Land committee Officers it had already excised by the said officers …… The plaintiff prays: 1) Judgment against the defendant 2) Costs of the suit 3) To be ordered to move from my land to his one acre land 4) To pay interest…
Division and case type: CivilCivil Appeal
…However, although under section 3(3) of the Contract Act, cap 23, a contract for the disposition of an interest in land must be evidenced by writing (as under its similar counterpart in the United Kingdom, section 40(1) of…
…superior court against the respondent seeking specic performance of the agreement, an order for the transfer of the plot, and damages for beach of contract in lieu of or in addition to specic performance together with interest…
Division and case type: CivilCivil Case
…There will therefore be judgment for the plaintiff against the defendants as follows – (i) Towing charges kshs. 58,000/- (ii) Excess premium kshs. 27,750/- (iii) Loss of User kshs. 980,000/- Kshs. 1,065,750/- (iv) Costs and interest…
Division and case type: CivilCivil Appeal
…Lion of Kenya Insurance Company Ltd, the respondent hereinafter, filed a suit against Octagon Private Investigations and Security Services, the appellant, claiming from the latter the sum of Shs 913,781/- together with interest…
Division and case type: CivilCivil Appeal
…He then proceeded: “I note that the plaintiff is unrepresented and that he may have an interest in the piece of land which would appear not to have been sub-divided.…
…adverse possession of the suit land for a period in excess of 12 years and was therefore entitled to the same, the trial judge’s observation as is set out 35 above was that the appellant who was unrepresented may have had an interest…
Division and case type: CivilCivil Appeal
…Her judgment was against the defendants jointly and severally in the sum of Shs 67,802/- as claimed together with Shs 9,477/- as general damages plus interest and costs.…
…The plaintiff will also have interest on the amount awarded calculated as from the 29th of April, 1991 when the learned Senior Resident Magistrate granted the orders as prayed.…
Division and case type: CivilCivil Appeal
…The legislation in Kenya and England have the same purpose, and it is therefore of interest to observe how the courts have dealt with the problem, as well as the opinions of the commentators in Halsbury’s Laws of England.…
Division and case type: CivilCivil Appeal
…award him a sum of Shs 750,000/= as general damages for pain, suffering and loss or amenities, on top of which I would add Kshs 13,050/=, being special damages and enter judgment for the plaintiff for Sh 763,050/= with interest…
Division and case type: CriminalCriminal Appeal
…The conspiracy indeed may merge with the offence 2.To this general rule there are exceptions, as for instance:- a)Where it is in the interest of justice to present an overall picture, which a series of relatively small substantive…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…
Division and case type: CivilCivil Appeal
…Mr Justice Schofield awarded Highstone Butty Tongoi Olenja, the respondent plaintiff (Olenja) Kshs 29,320 special damages with interest on them at 12% a year from 20 February 1980 (the date the plaint was filed) to 22 March…
…90% substituted, the finding of the judge of no contributory negligence by Olenja is set aside and one of 10% substituted, the award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest…
Division and case type: FamilySuccession Cause
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: CivilCivil Case
…I prefer such a guarded way of putting the proposition because many other factors may come into play, such as public interest involved.…
…All things taken together as they presently stand, the Court finds that the application is not well-founded; it is pre-mature, unmeritorious, against the interest of the students, oppressive to the school authorities; does…