Case law
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Division and case type: CivilCivil Appeal
…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…
…25, 1983, until September 27, and continued by Sachdeva J, until the hearing of the application.…
Division and case type: Environment and LandPetition
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: CivilCivil Appeal
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: CriminalCriminal Appeal
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: FamilySuccession Cause
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: Environment and LandConstitutional Petition
…the application and petition. 7.…
…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…
Division and case type: CivilCivil Case
…Defendants counsel opposes the application for adjournment and says that his client came from Embu and had to sleep in Nairobi overnight.…
…I refuse the application for adjournment and as plaintiff counsel says that he is not able to proceed with the suit in the absence of the plaintiff, I dismiss the plaintiffs suit under order 1XB rule 4 of Civil Procedure…
Division and case type: CivilCivil Appeal
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
…Tank, J. dismissed the application holding that the issue of lack of consent was in existence and within the knowledge of the appellant at the time of the filing of the suit and was not therefore a new and important matter…
Division and case type: CriminalCriminal Case
…has an oversight jurisdiction over the exercise of the Attorney General’s power to terminate criminal prosecutions. (6) The Attorney General’s exercise of discretion to terminate proceedings can only be challenged by an application…
…The private prosecutor will be required to first make an application before the High Court challenging the exercise of the Attorney General discretion. (10) The Constitution section 26 (8) guarantees the Independence of the…
Division and case type: CriminalCriminal Case
Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL APPEAL 7 OF 2012 EN MAINA & SO OKONG'O, JJ DECEMBER 30, 2013 BETWEEN MARCELLA NYABONYI OTIENO ...................................................... APPELLANT AND REPUBLIC ........................................................................................
Division and case type: CivilCivil Case
…I invoked order 17 r 10 CPR that reads:- “Where a judge is prevented by death, transfer or other cause from conducting the trial of a suit or the hearing of an application, his successor may deal with any evidence taken down…
…under the foregoing rules as if such evidence had been taken down by him or under his duties under the said rules and may proceed with the suit or application from the state at which his predecessor left it.”…
Division and case type: CivilCivil Appeal
…The averments in the plaint dated 13th May, 1994 and in the affidavit in support of the application for the interim injunction were to the effect that on or about 26th November, 1991 the appellant entered into a sale agreement…
…Thirdly, the court, if in doubt, must decide the application on a balance of convenience.…
Division and case type: CivilCivil Appeal
…The averments in the plaint dated 13th May, 1994 and in the affidavit in support of the application for the interim injunction were to the effect that on or about 26th November, 1991 the appellant entered into a sale agreement…
…Thirdly, the court, if in doubt, must decide the application on a balance of convenience.…
Division and case type: CriminalCriminal Case
…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…
…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 1.…
Division and case type: Constitutional and Human RightsPetition
…Mr Kibet for the Petitioner has naturally opposed this application saying simply that there is no arithmetic mistake in my judgment and that my assessment of the Petitioner’s share of RAP’s goodwill at 876,000/= is and must…
…what has occurred in my judgment in this matter to happen and indeed, that is the reason for the existence of S.99 of the Civil Procedure Act which permits such mistakes to be corrected at any time on my own motion or upon application…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…
Division and case type: CivilCivil Appeal
…The learned judge ruled that the application for amendment was made in bad faith and that it was not shown how the amount of special damages was calculated.…
…As already pointed out the learned judge had appreciated the situation and had hence suggested an amendment application before he proceeded to dismiss the suit. Mr.…
Division and case type: CivilCivil Appeal
…The learned Commissioner did not rule on the application.…
…The application to strike out the Petition is in two limbs, which is the application had been launched for ulterior purpose and that the Petition having prayed for the majority shareholder to purchase the shares had unreasonably…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO 2637 OF 1987 PIONEER GENERAL ASSURANCE SOCIETY LTD………………….PLAINTIFF VERSUS D W KARANJA…………………………………………………….DEFENDANT JUDGMENT This is an application…
…The affidavit of T G Kassam in support of the application and the annexture of correspondence since October 1977 to December 1977 make it abundantly clear that the allegation of sub-tenancy is a sham.…
Division and case type: CriminalCriminal Appeal
…Sometimes back the accused had made an application to the land registrar to have the piece of land in dispute between the complainant and the accused sub-divided.…
…I am informed the application had been made in February this year. The consent to subdivide was obtained from the land registrar and on Friday the surveyors came to see the accused and asked him to show them the land.…