Case law
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Division and case type: CIVIL DIVISIONCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting…
…Wildlife – statutory powers of Kenya Wildlife Service – Wildlife (Conservation & Management) Act (cap 386) section 3A (d) (e) (f) The applicants sought orders to restrain the respondent from removing and or dislocating a…
Division and case type: CivilCase number Civil Application
…NAI 141 OF 1997 BETWEEN WILLIAM WAIRAGU MUIGAI.....................................APPLICANT AND THE TEACHERS SERVICE COMMISSION...............RESPONDENT RULING OF THE COURT The respondent filed notice of appeal in the superior…
Division and case type: CivilCivil Case
…Regarding the issue of service of summons to enter appearance applicant depones that he was never served. Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service.…
…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS KARIM T/A PAMBAZUKA PUBLIC SERVICE…….....DEFENDANT JUDGMENT The plaint filed by the plaintiff shows that the basis of the plaintiff’s claim is the contract dated 23.6.86 by which defendant agreed to refund…
Division and case type: Anti-CorruptionCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 50 OF 1983 BETWEEN NDOO T/A NGOMENI BUS SERVICE........................................APPELLANT AND KAKUZI LTD..........…
…The bus was owned by Ndoo, trading as Ngomeni Bus Service, the plaintiff/appellant, from Kitui.…
Division and case type: CivilCivil Appeal
….…………….APPELLANT AND KENYA BUS SERVICE LIMITED..…………........................................ ………………...RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Ringera) dated 7th June, 1995 IN H…
…CIVIL APPEAL NO. 195 OF 1995 BETWEEN MARY WAMBUI KABUGU Legal Representative of KABUGU MUTUA………….......... ….APPELLANT AND KENYA BUS SERVICE LIMITED………………..............………............................................…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 293 OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 15 OF 1992 KENYA BUS SERVICES lIMITED...........................................................APPELLANT AND SUSAN MUTETI..................................................................................…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. .............................. APPELLANT AND KJENYA TELEVISION NETWORK LTD. .........................…
Division and case type: Constitutional and Human RightsElection Petition
…insist on such service.…
…The other modes of service were only alternative modes of service to personal service. That is why in the various other cases quoted to us personal service was always described as the best form of service.”…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment…
…In the matter before us, M/s Aberdare Freight Services Ltd (hereinafter “Aberdare”) is pitted against the Kenya Revenue Authority (KRA) over some 124x20 feet containers or 62,000 bags of sugar imported into the country in…
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…
…NO. 331 OF 2008) *********** R U L I N G I have before me a notice of motion dated 12th November, 2009 and filed on the same date in which the applicant CFC Financial Services Limited is seeking three orders namely:- “1.…
Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the defendants reiterated that the return of service indicates that he was served with the court order of 6th March 2000 and the order was clear on what it was supposed to achieve; that Laboka is the…
…There is a return of service filed. Paragraph 4 of the said return of service reads “that the said Manyara who became known to me at the time of service accepted service but declined to sign the copy returned herewith.”…
Division and case type: CivilCivil Appeal
…The law on the question of service of order stresses the necessity of personal service. In Halsbury’s Laws of England (4th Ed) Vol 9 on p 37 para 61 it is stated: “61. Necessity of personal service.…
…Service on Wetangula & Co does not constitute personal service on any of the three officers. It is a personal service on each one of them that is required to be effected by law.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.…
…The defendants are Bayete Peugeot Services Limited and John Martin Kibiegon. This suit arises out of a traffic road accident which occurred on August 31, 1981.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 11 of 1991 In The Matter of East African Road Services Ltd and In The Matter of The Companies Act Ruling.…
…By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited…
Division and case type: Environment and LandLand Case
…............APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction to restrain the Respondent from retaking possession of the Kendu Bay Total Service…
Division and case type: CriminalCriminal Case
…..........................1ST APPLICANT RAFIKI DEPOSIT TAKING MICROFINANCE (K) LTD.............................2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE…
Division and case type: CriminalCriminal Appeal
…The transfer of Mr Adhola to the Nyayo Bus Service was thus effected by letter dated 19th of October, 1989 addressed to the appellant.…
…He duly reported to the Nyayo Youth Service on the 25th of October, 1989 and was on the same day deployed at the Nyayo Bus Service, Mombasa.…