Case law
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Division and case type: Environment and LandLand Case
…That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. 2.…
Division and case type: CivilCivil Case
…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…
…Perhaps the 1st point to deal with is whether disobedience of a court order amounts to a contempt of court.…
Division and case type: CriminalCriminal Appeal
…the High Court in HC P&A 55/91 which had prohibited the appellant from being in possession of the suit land Irong/Sergoit/777, the learned Resident Magistrate erred in law in failing to enquire and find out if there was a court…
…order in force which had been served upon the appellant and the appellant had flouted the said court order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure…
Division and case type: Milimani Commercial CourtsCivil Suit
…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…
Division and case type: CivilCivil Appeal
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
…The appeals were argued by written submissions of counsel for the parties which were filed in court – (see the order of court – Justices Amin (as he was then and Kuloba dated 27th July 2000).…
Division and case type: CivilMiscellaneous Application
…Section 79 G of the Civil Procedure Act is a substantive Provision dealing with time for filing appeals from subordinate court.…
…Order 49 of the Civil Procedure Rules is intended to add on to the Substantive Provisions of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…
…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…
Division and case type: FamilySuccession Cause
…any event defective. iii) Parcel number Kabete/lower/kabete/885 was closed after submission by the deceased in 1991 and the same does not exist the title having been closed. iv) That the applicant is in contempt of this court…
…order issued in HCC 1086 of 1998.…
Division and case type: Constitutional and Human RightsPetition
…The company breached the court order as cheques it issued for payment, were dishonoured by the company’s bank.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…leave no doubt that the land was to be registered in the name of Wangari Kongu “to hold in trust for Karanja Gachina” and, the entry of the defendant as the holder of the land in trust for the plaintiff followed the said court…
…order.…
Division and case type: Employment and Labour Relationsmiscellaneous cause
…That the court order the said body to be buried by the applicant in accordance with Bukusu cultural rites applicable either (on) her husband’s premises or the applicant.”…
Division and case type: CivilCivil Case
…If it is true that the 1st defendant had notice of the court order restraining him from selling the property on 12th March 1987 and if it is also true that the 2nd defendant was aware of advanced negotiations to sell the…
Division and case type: CivilCivil Case
…by order .................... as the court thinks fit.…
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
Division and case type: CivilCivil Case
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
…Time had been wasted due to distance involved between Nyeri and Kipipiri, and some difficulties encountered when obtaining the High Court Order.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel for the appellant submitted mainly on the court order for payment of Kshs.50,000/= saying there was no evidence to support this claim because none was adduced to show that the appellant opened premises.…
Division and case type: FamilySuccession Cause
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…
Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the plaintiff stated that it has already been ruled by the court that the order for police supervision should not have been made and the same has been set aside or stayed; that he has to show by law that…
…It is clear that when the plaintiff withdrew his suit it did not pull down the defendant’s counter claim and that is why the court made an order that he should process the counter claim for hearing and final determination…
Division and case type: CivilMiscellaneous Application
…Karingari/Ndagani/759 · Kiosk in Chuka town · Shares in Kenya commercial bank · Motor vehicle KRG 812 which was later included in the grant through a court order issued on 14/12/94 From the above list, Plot No. 053/053 (market…
…The same case applies to the plots he alleged that are being wasted and to which he seeks to preserve through an order of the court. Except the applicant, no other beneficiary is complaining.…