Search court decisions

…RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Shields) dated 29th November 1989 in HCCC Suit No 1514 of 1985) A Court may determine an issue that was not expressly pleaded or…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…I would dismiss the appeal with costs but first amend the decree of the High Court by limiting the order for costs to one advocate only.…

…For these reasons I would set aside the decree of the High Court and substitute therefore a declaration that there was a presumption in favour of Mary Njoki that she was the deceased’s wife and entitled to share in his estate…

…the beginning of the cohabitation because the parties went through a form of marriage in a church when the husband could not do so lawfully and so could not consent to the second one, since the time for appealing from his decree…

…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…

…A decree nisi willissue to become absolute six months’ hence. Each party to bear his/her own costs. Dated and Delivered at Eldoret this 25th Day of January, 1989 D.K.S. AGANYANYA ……………………. JUDGE…

…This appeal from the judgment and decree of the High Court at Nairobi, (Hancox J as he then was) arises out of an accident on the Garissa/Thika road, which took place on or about August 6, 1972, when the appellant’s motor…

…If successful the plaintiff should not be put to the hazard of having to transfer the decree for execution against Kenindia in Kenya and facing a challenge that it may not be executed in Kenya, another possible long wrangle…

…Although this was the most important order made by the judge and against which much of the appellants counsel’s firepower has been directed, for some reason, it was not included in the formal decree.…