Case law
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Division and case type: Milimani Commercial CourtsElection Petition
…However, prima facie, service upon the 2nd and 4th respondents was outside the 28 days prescribed by law. I shall first address the 2nd respondent’s case. No personal service was effected.…
…Service of the petition upon the first respondent is effectively service upon the second respondent. His actions are the actions of the first respondent.The two are inseparable in law.…
Division and case type: CivilCivil Appeal
…Mrs Anna Njambi Gathige did not sign the agreement and she was not a co-defendant: Benard Gathige Njuah, the operator, was sued as purporting to trade as Gichamu Petrol Service Station.…
…Under the agreement the plaintiff granted to the defendant Company inter alia an exclusive licence to operate the plaintiff’s service station erected on the plaintiff’s land at Park Road Nairobi, for the purpose of selling…
Division and case type: CriminalCriminal Appeal
…Particulars of the offence: On diverse days between 27/1/89 and 26/4/91 at the National Bank of Kenya Nakuru District of the Rift Valley Province being a person employed in the public service as a clerk in the Foreign Bills…
…This court would further note that the National Bank of Kenya is not an institution that would generally fall under the definition of a “Public Service” under section 280 of the Penal Code It thus reads: “If the offender…
Division and case type: CivilCivil Appeal
…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…
…Realising that service might be defective it vehemently and extensively tracked the first respondent's managing director to his residence. Despite Mr.…
Division and case type: CivilCivil Suit
…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
Division and case type: CivilCivil Case
…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…
…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…
Division and case type: CivilMiscellaneous Application
…The fact of late service of this Notice of Appeal came to the applicant's attention on 12th August, 1994 when he returned to his office after taking a rest on the advice of his doctors.…
…In any case, after service of the Notice of Appeal on 4th August, 1994 it was clear to the respondent that the same was served out of time.…
Division and case type: CivilCivil Appeal
…At the time the appellant’s services with K.G.G.C.U. were terminated his monthly salary had reached K.Shs. 1,875/= per month, that is as at 4th July, 1981.…
…On 4th July, 1981 the appellant’s services were terminated in terms of K.G.G.C.U’s letter of 4th July, 1981 addressed to the appellant.…
Division and case type: Constitutional and Human RightsPetition
…REGISTRAR OF TITLES ....................................................RESPONDENTS (Application for extension of time for Service of Notice of Appeal from a conviction ........ of the High Court of Kenya at Nairobi (Mr.…
…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…
Division and case type: CivilCivil Suit
…Among matters ordered and notified was the fact that Garnishee do within seven days after the service of the order inform the court what sum is due from him to the judgement debtor.…
…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…
Division and case type: CivilCivil Appeal
…The contract of service was reduced into writing. The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice.…
…The respondent on 15th February, 1992, terminated the appellant’s services. The appellant then instituted these proceedings for the recovery of salary for 12 months.…
Division and case type: CivilCivil Case
…administration and supervision of Community Development services.…
…The Town Clerk wrote stating he was conveying the decision of the Public Service Commission through the Ministry of Local Government.…
Division and case type: CivilCivil Appeal
…lodge in the appropriate registry and serve on the intended appellant notice of a full and sufficient address for service.…
…It is for this reason that service of notice of appeal is mandatory, and the power to dispense service is retained in the court, under rule 76(1).…
Division and case type: CivilCivil Appeal
…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…
…Kinuthia for the appellant he conceded and, in our view properly, that there was service. This concession disposes of the appeal. It follows that the appeal fails.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER…
Division and case type: CivilCivil Case
…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…
…Service of it was deemed to have been effectual. But now we know that the process was not delivered. Evidence has been tendered to that effect.…
Division and case type: CivilCivil Case
…However, having in view your long service with the Bank, it has been decided to terminate your service forthwith pursuant to clause 13 of your letter of appointment dated 12th October, 1962.…
…By July, 1986, the company was allegedly neither servicing its debts with the defendant, nor was it operating the account.…
Division and case type: GeneralUnclassified
…She recalled that sometime in 1997, she saw the respondent in church at a funeral service of a man who was a friend to both of them. She was with the children. She talked to the respondent after the service.…
Division and case type: CivilCivil Appeal
…This view coloured an attitude to regulation 25 of the Public Service Regulations, so much so that a probation order came to be seen as tantamount to an acquittal.…
…The reason is that the Court felt it impossible to force the services of an employee on to an employer, when the latter had lost all confidence and trust in the employee.…
Division and case type: CivilCivil Appeal
…notice of appeal, serve copies thereof on all persons directly affected by the appeal: Provided that the Court on application, which may be made ex parte within seven days after lodging the notice of appeal, direct that service…
…And as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as…