Case law
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Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 79 OF 2007 ANNE KENDI MBAYA............................................................................................PETITIONER VERSUS JONATHAN M’NKANATA M’MUGWIKA............................................................OBJECTOR R U L I N G This is an application by petitioner Anne Kendi Mbaya brought under Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO.167 OF 2008 IN THE MATTER OF REGISTRATION OF LANDS ACT CAP 300 OF THE LAWS OF KENYA AND IN THE MATTER OF PLOT NO.20 MEASURING 40 ACRES IN LAND REFERENCE NO.548 KERINGET ESTATE, MOLO, OTHERWISE KNOWN AS LAND TITLE NO. OLENGUGUONE/KERINGET BLOCK 1/20 BETWEEN AARON KIPLAGAT KAMOING………………..........................………PLAINTIFF/RESPONDENT AND MAJOR WILSON KOITABA……………........................…………..1ST DEFENDANT/APPLICANT JOEL KIBET K
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, GITHINJI & NYAMU, JJ.A.) CRIMINAL APPEAL NO. 457 OF 2007 BETWEEN ABDULLAHI OSMAN MOHAMED........................................APPELLANT AND REPUBLIC..............................................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Ombija, J.) dated 20th August, 2007 in H.C.CR.C.
Division and case type: CivilCivil Appeal
IN THE HIGH COURT OF KENYA AT NAKURU CIVIL APPEAL NO.215 OF 2009 ANALIK WEKESA…………………………………….……….……....1ST APPELLANT DIOCESE OF LODWAR (Thro’ its Registered Trustees...........….........2ND APPELLANT VERSUS HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI (Suing as the Administrators of the estate ofJAMES KANENE MWANGI (Deceased)….................……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution. The stay was gran
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: FamilySuccession Cause
When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions. In my view this appeal will be determined by a single point of law without considering the merits of the case.
Division and case type: Constitutional and Human RightsPetition
Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.
Division and case type: Milimani Commercial CourtsCivil Case
(d) It is just in the circumstances of this case and in the interests of justice that the restraining orders be granted. Opposing the application, the 1st Defendant filed grounds of opposition on 9th July, 2010 which were supplemented by the 1st Defendant’s replying affidavit sworn by Jon Waïn, the 1st Defendant’s Legal Counsel on 15th July, 2010.
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
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: CivilMiscellaneous Civil Application
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION) CIVIL CASE NO. 310 OF 2007 ANTHONY MAINA NJIIRI (suing as attorney for JAMES NJIIRI)…….………..…………………….................
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION) CIVIL CASE NO. 310 OF 2007 ANTHONY MAINA NJIIRI (suing as attorney for JAMES NJIIRI)…….………..…………………….................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 350 of 2010 BETWEEN ABEL ABUNGA MWAMBI …....…………..................................... APPELLANT AND REPUBLIC ………………………….…………...……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 18 OF 2003 ALI AHMED NAJI ……………………………..……………..
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 731 OF 2003 ALEX KIARIE THIRU.......................................................................................................PLAINTIFF VERSUS CANNON ASSURANCE (K) LIMITED .......................................................................DEFENDANT
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: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 39 of 2005 JAYNTILAL DHAMSHI GOSRANI ……………………….PLAINTIFF VERSUS KENYA OIL COMPANY LTD.
Division and case type: CivilCase number Civil Application
REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT (An application for extension of time within which to lodge the record of appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon. Lady Justice Khaminwa) dated 6th February 2009 in H.C.C.C.
Division and case type: Constitutional and Human RightsJudicial Review
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND IN THE MATTER OF LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990 AND IN THE MATTER OF RONGO LAND DISPUTES TRIBUNALS AND IN THE MATTER OF RESIDENT MAGISTRATE’S COURT AT RONGO BETWEEN ABEL ODAGO ONYANGO ………………………..