Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…In the 1995 suit, he held similarly, that the respondent had the onus to prove that the distress was unlawful, that there was no relationship of landlord and tenant, that he was occupying the suit property as beneficial owner…
…thereof and that he had suffered loss and damage by unlawful distress.…
Division and case type: CivilCivil Case
…It was unlawful killing and they must be liable.…
Division and case type: CivilCivil Case
…It further follows that what he did in this matter without a practising certificate is unlawful and an illegality.…
Division and case type: CivilCivil Suit
…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…
Division and case type: CriminalCriminal Appeal
…Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT The appellant, Layson Tembo, was convicted by the learned Chief Magistrate, Nairobi, on his own plea of guilty for offence of unlawful…
Division and case type: CivilCivil Case
…In the plaint she prays for an injunction, an order that the 2nd (plaintiff / defendant (respondent ) all house goods seized, and general damages for trespass and unlawful detention of the goods.…
…If no rent was owing at the time of distress then the levying of distress would be unlawful or at least excessive and court should stop the sale of the seized goods pending the determination of the lawfulness or otherwise…
Division and case type: CivilCivil Appeal
…only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages for unlawful…
…dismissal and to prove it was unlawful, producing the documents about the health of his daughter, and his own, and the need to be right here in Nairobi next door to their irreplaceable medical experts, and then, by the time…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…remains in possession of the land after the expiration or other lawful determination of the lease, the council may serve on the lessee a notice specifying the rent in arrear, or the covenant or condition broken, or the unlawful…
…remains in possession of the land after the expiration or other lawful determination of the licence, the Council must serve on the licensee a notice specifying the fees or royalties in arrears, or the condition broken, or the unlawful…
Division and case type: CivilCivil Appeal
…If at the time of making the contract there is and intent to perform it in an unlawful way, the contract, although it remains alive, is unenforceable at the suit of the party having that intent; if the intent is held in common…
Division and case type: CriminalCriminal Appeal
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…
Division and case type: Environment and LandPetition
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…
Division and case type: CivilCivil Suit
…There was no quorum but despite that the defendant unlawfully and unilaterally resolved that she be the sole signatory to the 1st plaintiff’s bank accounts.…
…(b) A declaration that the resolution in the meeting of the 18.5.90 is fraudulent, unlawful, invalid and null and void.…
Division and case type: CriminalMiscellaneous Criminal Application
…It is alleged that on diverse days between the month of January, 1988 up to and including 8th October, 1990, being members of an unlawful society known as Kenya Patriotic Front (KPF) jointly participated in activities which…
…were intended to further aims and objectives of the said unlawful society, namely the overthrow, by unlawful means, of the Government of Kenya as by law established.…
Division and case type: CivilCivil Suit
…On the issue that the plaintiff was an unlawful passenger this does not arise as at the time of the accident the plaintiff was outside the vehicle and was not a passenger at the material time.…
Division and case type: Milimani Commercial CourtsCivil Case
…The head lease would expire on 20/11/2025 it is not unlawful to stipulate that the head lease and sub lease would be extended. The head lease can be extended by the grace of the Head Lease.…
…For the law to prescribe that the commission of any unlawful act in the course of a contract should inevitably deprive the wrong doers of all contractual remedies might well inflict on the wrong doer a loss far in excess…
Division and case type: CriminalCriminal Appeal
…Court of Tanzania in Mwakapesile v Republic [1965] EA 407 with which we respectively agree in which it was held that where there is a single complex of offences connected in kind and time it is undesirable although not unlawful…
Division and case type: CriminalCriminal Appeal
…The urging and submission on the last ground of appeal was that the sentence is unlawful.…
Division and case type: CriminalCriminal Appeal
…It provides that Section 2 of the Sexual Offences Act define “indecent act” as any unlawful intentional act which causes- (a) any contact between the genital organs of a person, his or her breasts and buttocks with that of…