Judgment[2010] KEHC 311
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. LOWE & COMPANY LIMITED …………………………….PLAINTIFF VERSUS CREDIT AGRICOLE INDOSUEZ …………………………1ST DEFENDANT BANK OF AFRICA KENYA LIMITED …………...…….….2ND DEFENDANT REGISTRAR OF TITLES, MOMBASA …………….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depe
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Civil Case 29 of 2007 FRIDAH NYAGUTHII MUNENE…………......…….PLAINTIFF Versus PETER MURIITHI KINGAU....…………........1ST DEFENDANT BERNARD KARERU KAROKI…………..….2ND DEFENDANT PHYLIS WANJIRA KANGANGI……….……3RD DEFENDANT J U D G M E N T This is a suit instituted by way of an amended plaint dated 23rd May, 2007 and filed in court on the same day through Messrs Rika & Co. In that amended plaint, Frida Nyaguthii Munene, hereinafter referred
Division and case type: CriminalCase number Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appli 133 of 2007 AHMED ALI……………………………....………APPLICANT VERSUS REPUBLIC…………………………………...RESPONDENT RULING The applicant, Ahmed Ali, was charged before the Naivasha Chief Magistrate’s Court with the offence of fraudulent false accounting contrary to Section 330 of the Penal Code. The value of the subject of the fraud was stated as Ksh.5,108,210/=.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Appeal 59 of 2006 JACKSON NZARO……………………………………………………….APPELLANT VERSUS KAVITA BHATT……………………………………………………….. RESPONDENT J U D G M E N T This is an appeal against the decision of the Principal Magistrate given on the 30th March 2006 allowing the Respondent’s applications dated 17th March 2006 and 15th March 2006 in Mombasa CMCC Numbers 817 of 2006 and 993 of 2006 respectively which had been consolidated.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 44 & 45 of 2004 BENJAMINE NJOROGE KIMANI…………1ST APPELLANT BENSON ORWA MIDILA..…………………2ND APPELLANT VERSUS REPUBLIC………………………………..…….RESPONDENT (From original conviction and sentence in Criminal Case No.1451 of 2003 of the Senior resident Magistrate’s Court at R. Kirui, SRM) JUDGMENT OF THE COURT The appellants were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Appeal 30 of 1997 [Being an appeal from the Judgment of Honourable Japhet Mahasi – R.M in Resident Magistrate’s Court - Kabarnet, Land/Civil case Nos. 1 & 2 of 1992 dated the 24th March 1997] DANIEL KIPKEMEI CHEROGONY ...…...………….…...
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 251 of 2005 ERNEST MWALUA LOMBO ............................................................... APPELLANT - Versus - REPUBLIC ......................................................….................................
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 500 of 1997 IN THE MATTER OF THE ESTATE OF THE LATE KIBOWEN KOMEN WILLIAM KIPROP KOMEN………………………………. …….PETITIONER VERSUS RACHEL KIPNGENO KOMEN………….……………………..… OBJECTOR RULING The applicant herein, Agrisup Limited, filed an application by way of a chamber summons under the provisions of Sections 47, 51, 66, 74, 83 and 86 of the Law of Succession Act Cap 160 and Rules 7(d), 16 and 49 of Probate and Administration Rules.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 237 of 1999 ABDALLA A. BAJABER….………………….………………….………PLAINTIFFS VERSUS CHEPKWE HOLDINGS LTD & ENOCK TUITOK .…………………………………………………….DEFENDANTS R U L I N G This is an application brought by the defendants under Order 9B Rule 8, Order 21 Rules 22, 25 and 54 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Misc Crimi Appli 35 of 2005 DAVID WAINAINA MUBEA ………………………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal.
Division and case type: Employment and Labour Relationsmiscellaneous cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. APPLICATION NO.527.04 IN THE MATTER OF: EXHUMATION OF THE BODY OF ANNA NAFULA UWE AND PIUS WEYUSIA WAMALABE ……………………………………… APPLICANT VERSUS THE ATTORNEY GENERAL ……………………………….……..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 125 of 2004 ABDI YASIN KOIKAI…………...………………………….........…..………..PLAINTIFF VERSUS OLE NAKUYAKI SAMSON & 11 OTHERS ………….....…………..….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section 28 of the Land (Group Representatives) Act Cap 287. They also said that it contravened
Division and case type: CriminalCriminal Case
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: CriminalCriminal Appeal
REPUBLIC OF KENYA Ahmed v Republic High Court, at Mombasa Mbaluto J December 14, 1992, Mbaluto J delivered the following Ruling. The applicant was convicted in the court below of causing death by obstruction contrary to section 46 of the Traffic Act.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE FRANCIS AGANDA ………………………………………………APPELLANT V E R S U S REPUBLIC …………………………………………………………RESPONDENT Consolidated With CRIMINAL APPEAL NO. 44 OF 2001 STEPHEN MALIOLO ……………………………………………..APPELLANT V E R S U S REPUBLIC ………………………………………………………….
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI MISC. 55 OF 2003 ALEXANDER MAIGWA MWANGI……………………….APPLICANT VERSUS ANNE WAMUCII MUHIHI………………………..…..RESPONDENT R U L I N G The applicant has come to this court under Section 79 G of the Civil Procedure Act seeking leave of this court to file his intended appeal against the judgment delivered on 20th November 2002 in Nyeri CMCC No.360 of 2001.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL APPEAL NO. 417 OF 2002 JACOB MATHENGE NJOGU……………….…………..APPELLANT VERSUS REPUBLIC……………………………………………………..RESPONDENT CRIMINAL APPEAL NO.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO. 104 OF 1999 STEPHEN NJOROGE KIBOI………..…………………………PLAINTIFF VERSUS DANIEL NGULI KYALO……………………………….1ST DEFENDANT MASAI ITUMO…………………………………………2ND DEFENDANT RULING The Plaintiff filed this suit against the Defendants on 12th March, 1999.
Division and case type: CriminalCriminal Appeal
IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT CRIMINAL APPEAL NO. 137 OF 2002 BERNARD MUNIU KARMA……………………………………..……APPELLANT VERSUS REPUBLIC……………………..……………………………..…....RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Cou rt at Muranga, J.B.A.