Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
Division and case type: CivilCivil Case
…I cannot envisage how the repudiation of the policy can assist the defendant in resisting a claim for the enforcement of a settlement already made of a claim made under that policy.…
…These for the reason I have stated might be a substantial ground of defence were this an action to enforce a claim under the policy. It is not.…
Division and case type: CivilCivil Case
…Grounds of opposition similarly denied the existence of the undertaking capable of being enforced, since the plaintiff did not make a deposit of Kshs 1,373,832.40 as per the terms of the letter dated 22nd July, 1997 nor confirm…
…The plaintiff/applicant and/or counsel did not do either of the two, yet these were conditional precedents before he could come to this court for the enforcement of the undertaking, if any.…
Division and case type: CivilCivil Case
…Grounds of opposition similarly denied the existence of the undertaking capable of being enforced, since the plaintiff did not make a deposit of Kshs 1,373,832.40 as per the terms of the letter dated 22nd July, 1997 nor confirm…
…The plaintiff/applicant and/or counsel did not do either of the two, yet these were conditional precedents before he could come to this court for the enforcement of the undertaking, if any.…
Division and case type: CivilCivil Case
…It is clear then that the client is using the process of criminal law to enforce payment to him by his advocate of the funds paid to the advocate in settlement of the clients case.…
…In the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…He moved the Court under Section 84 of the former Constitution that provided for the enforcement of the provisions dealing with fundamental rights and freedoms [18] That section provided as follows: “84(1) Subject to subsection…
…) to determine any question arising in the case of a person which is referred to in pursuance of (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…
Division and case type: Milimani Commercial CourtsCivil Case
…Further or in the alternative the said family agreement is not valid or enforceable in that: a.…
…Mr Malik for the plaintiff contended that the Deed was valid and enforceable. He also relied on the same authorities as aforesaid, but attempted to give them a different interpretation.…
Division and case type: CriminalCriminal Case
…any question arising in the case of a person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…
…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive) (3) … (4) … (5) … (6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the…
Division and case type: CivilCivil Case
…Where a person is dissatisfied with the decision after being served with an enforcement notice they are entitled to appeal against the said decision of the National Liason Committee.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…As it can be protected by Law, the possessor can enforce it by an appropriate and reasonable action in a court.”…
…The constitution confers upon this court the authority to uphold and enforce the bill of rights which the petitioner so feels has been infringed requiring intervention by this court.…
Division and case type: Constitutional and Human RightsPetition
…Consequently there was no valid and concluded contract capable of enforcement.…
Division and case type: Milimani Commercial CourtsCivil Case
…It had 4 prayers that it be heard exparte in the first instance; that the court do grant leave to institute contempt proceedings and that the OCPD do supervise the enforcement of the orders of 6th March 2000 and that costs…
…There were orders made on 6th March 2000 in favour of the defendant which did not die with the suit and were capable of being enforced.…
Division and case type: CriminalCriminal Appeal
…So for this reason enforcement of copyrights and related rights is becoming more and more a matter of focus and old laws like this Act (Cap.130) first put into operation on 1.4.66 have to be heavily amended or just overhauled…
Division and case type: CivilCivil Case
…Learned counsel for the plaintiff Mr Morgan submitted that the defendant was angry and full of spiteful and was not acting as a law abiding citizen impartially concerned with the enforcement of law he was rather an involved…
Division and case type: CivilCivil Appli
…KARUGA & ANOTHER 1982-88 IKAR 1018-,there Hancox J.A. said:- "I accept the proposition that if it isshown that execution or enforcement wouldrender a proposed appeal nugatory then astay can properly be given.…
Division and case type: Milimani Commercial CourtsCriminal Case
…determine any question arising in the case of a person which is referred to it in pursuance of subsection(3), any may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…
…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive). (3) If in proceedings in a subordinate Court a question arises as to the contravention of any of the provisions of sections 70 to 83…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…determine any question arising in the case of a person which is referred to it in pursuance of subsection(3), any may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…
…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive). (3) If in proceedings in a subordinate Court a question arises as to the contravention of any of the provisions of sections 70 to 83…
Division and case type: CivilCivil Case
…Difficulties or impossibility of enforcing the injunction may weigh heavily against it, and it will be refused where compliance with it will require the supervision of the Court, or where it involves perpetual or indefinite…
…A Court cannot stultify itself by entertaining matters in which the relief claimed cannot be enforced, or if the injunction will be ineffective for practical purpose, or be defeated by some other lawful arrangement.…
Division and case type: CriminalMiscellaneous Criminal Application
…any question arising in the case of a person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing…
…or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive).”…