Judgment[2007] KEHC 3531
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 862 of 2004 ALBERT KIRUTHI MUKABI (T/a PIPELINE HARDWARE)...PLAINTIFF V E R S U S CITY COUNCIL OF NAIROBI ..............................................DEFENDANT R U L I N G It is conceded by the Plaintiff’s learned counsel that this suit can no longer be maintained. This is because of the expiry of the Plaintiff’s trading licence on or about the 31st December, 2004 upon which the suit was based.
Division and case type: Environment and LandCivil Suit
The litigants argument is found at page 5 of the ruling 2nd paragraph line 10 from the bottom: “that order vii rule 1(2) Civil Procedure Rules is silent as to whether each plaintiff should file a verifying affidavit, that there is no need for filing affidavit by each plaintiff as what is to be verified is the correctness of the averments and not their truthfulness, that the truthfulness of the claim is a matter for the trial, that the verifying affidavit of the first respondent is sufficient
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
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: Milimani Commercial CourtsCivil Case
I have before me an application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in any other way alienati
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: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment and order of the High Court of Kenya at Nairobi ( Nyamu, J.) dated 9th November 2004 in MISC APPLICATION NO. 946 OF 2004) *************************** REASONS FOR JUDGMENT OF THE COURT On the 9th of June, 2005 we delivered our judgment in this appeal dismissing it and reserv
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Civil Case 373 of 2006 AFRICA ECO-CAMPS LTD. …………………………… PLAINTIFF VERSUS FIDELITY COMMERCIAL BANK LTD.
Division and case type: Milimani Commercial CourtsCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Suit 379 of 2004 ANTHONY AMBAKA KEGODE ……….............................……………..1ST PLAINTIFF UHAI LIMITED………………………….............................………………2ND PLAINTIFF VERSUS FOUR NINETY INVESTMENT LIMITED…….............................…..1ST DEFENDANT ADAM GRAIG OGDEN …………..……………..........................……2ND DEFENDANT EAST AFRICAN SAFARI AIR LIMITED………..........................….3RD DEFENDANT EAST AFRICAN
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 371 of 2003 ECON CONSTRUCTION AND ENGINEERING LIMITED………….PLAINTIFF VERSUS GIRO COMMERCIAL BANK LIMITED………...……………..1ST DEFENDANT WAITHAKA MWANGI………………………..…………..……..2ND DEFENDANT R U L I N G The 1st defendant has moved this court, by Notice of Motion dated 13th July 2005, brought under 0XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The 1st defendant seeks an
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: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL DIVISION, MILIMANI Civil Case 1020 of 2002 ALUTA HOLDINGS LTD………………………..………………………PLAINTIFF VERSUS RAJ PARMAR……………………………………………………..…DEFENDANT RULING In this application (by chamber summons dated 7th October, 2005) the Defendant, RAJ PARMAR, seeks an order that the Plaintiff, ALUTA HOLDINGS LTD, do serve the Defendant particulars of the plaint as requested for in the request for particulars filed on 22nd July, 2005. The Defenda
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Suit 1175 of 2005 ADAM THUMI…………………………………………………………….. PLAINTIFF VERSUS MAINA KIRIRO………………………………………...……………… DEFENDANT RULING This Ruling is made in the Chamber Summons application dated 22nd September 2005 brought under Order XXXIX Rules 1, 2 and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
Division and case type: Milimani Commercial CourtsMiscellaneous Application
factors or to omit to consider relevant factors, and according to the Advocates Remuneration Order itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings and any direction by the trial judge." In this case, the applicant has faulted the taxing officer for failing to take into account the sum which was awarded by t
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
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: COMMERCIAL DIVISIONCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA COMMERCIAL DIVISION, MILIMANI CIVIL SUIT NO 1421 OF 2000 BILSON STEPHEN MUTUKU ……………….…………………..……...PLAINTIFF VERSUS KENYA COMMERCIAL BANK…………………………..……...1ST DEFENDANT DILIGENT AUCTIONEERS LTD ………………..…………….....2ND DEFENDANT SAMMY GICHUKI WAIGWA ……………………...………..……3RD DEFENDANT R U L I N G The 3rd defendant’s chamber summons dated 14th May 2004 is brought under Order 16 Rule 5 (a) of the Civil Procedure Rules. The defendant seeks an order for the di