Judgment[1990] KEHC 51
Philip M Nyutu & 3 others v Mary Wanjiru Gatheru & 2 others
High Court at Nairobi
Case law
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Division and case type: Anti-CorruptionCivil Suit
…It must be based on commonsense and legal principles. To succeed an applicant must, firstly, show a prima facie case in the suit with a probability of succeeding when it will come for hearing.…
Division and case type: CivilCivil Suit
…I am of the view that being a holder of a title to the suit premises the Applicant is entitled to the protection under the law pending the determination of the dispute between the parties but within the laid down legal principles…
Division and case type: CivilCivil Appeal
…It is worthy of note that according to Simon’s Taxes, Part B, 3rd Edition, page 599, on general principles, legal expenses incurred in acquiring a lease or in the renewal of a lease are capital expenditure are not allowable…
…The question then concerns the legal principles to be applied.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…According to the memorandum of appeal; the Magistrate ignored the appellant’s defence, evidence and the submissions; that she did not consider all the evidence and that she failed to apply correct legal principles in determining…
Division and case type: CriminalCriminal Case
…Having analyzed the facts of the case I now come to consider the legal principles applicable to such a case. Herein a group of people has been charged.…
Division and case type: CivilCivil Appeal
…In my view, applying the legal principles which are summarised above, the resident magistrate was wrong in refusing to set aside the ex parte judgment, and the learned judge was wrong in not allowing the appeal.…