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JGM & Another (Suing Through Mother TN) V GM (Family Appeal E04 Of 2022) [2023] KEHC 19277 (KLR) (16 June 2023) (Ruling)
Case Number: Family Appeal E04 of 2022	Date Delivered: 16 Jun 2023

Judge: Samwel Mukira Mohochi

Court: High Court at Nakuru

Parties: JGM & another (Suing through mother TN) v GM

Advocates:

Citation: JGM & another (Suing through mother TN) v GM (Family Appeal E04 of 2022) [2023] KEHC 19277 (KLR) (16 June 2023) (Ruling)

Optima Sports Management International (UK) Limited & Another V Kenya Broadcasting Corporation (Commercial Case 686 & 687 Of [2009] (Consolidated)) [2023] KEHC 18547 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)
Case Number: Commercial Case 686 & 687 of 2009 (Consolidated)	Date Delivered: 16 Jun 2023

Judge: David Amilcar Shikomera Majanja

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Optima Sports Management International (UK) Limited & another v Kenya Broadcasting Corporation

Advocates:

Citation: Optima Sports Management International (UK) Limited & another v Kenya Broadcasting Corporation (Commercial Case 686 & 687 of 2009 (Consolidated)) [2023] KEHC 18547 (KLR) (Commercial and Tax) (16 June 2023) (Ruling)

Janmohamed (Suing As The Executrix Of The Estate Of The Late HE Daniel Toroitich Arap Moi) & Another V Lagat & 3 Others (Petition 17 (E021) & 24 (E027) Of [2022] (Consolidated)) [2023] KESC 59 (KLR) (16 June 2023) (Ruling)
Case Number: Petition 17 (E021) & 24 (E027) of 2022 (Consolidated)	Date Delivered: 16 Jun 2023

Judge: Martha Karambu Koome, Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Janmohamed (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich Arap Moi) & another v Lagat & 3 others

Advocates:

Citation: Janmohamed (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich Arap Moi) & another v Lagat & 3 others (Petition 17 (E021) & 24 (E027) of 2022 (Consolidated)) [2023] KESC 59 (KLR) (16 June 2023) (Ruling)

Conditions precedent to adduce additional evidence before the Supreme Court

Brief facts

The plaintiff had filed an application for waiver of fees that had been dismissed by the Registrar of the Supreme Court. Aggrieved the plaintiff filed for review before a single judge of the Supreme Court that was aggrieved. Further aggrieved, the plaintiff filed the instant application.

Issues

Whether the Supreme Court had the jurisdiction to review a decision by a single judge of the Supreme Court in a review of a decision by the Registrar of the Supreme Court to deny waiver of fees.

Held

Rule 63 (2) of the Supreme Court Rules, 2020 conferred powers on the Registrar to entertain an application for request for waiver of fees. Any party aggrieved by the decision of the Registrar was permitted to apply for review to a single judge whose decision shall be final by dint of rule 6(2) and (3) of the Supreme Court Rules, 2020. The applicant had failed to invoke that procedure and instead filed a motion directly to the court seeking waiver of court fees to prosecute his application. While aware that the applicant was acting in person and may not be aware of the correct procedure, the Supreme Court was constrained not to grant his application.
The instant application sought to review the decision of a single judge emanating from a decision of the Registrar. The Deputy Registrar of the Supreme Court had dismissed the applicants plea to lodge his pleadings and a single judge of the Supreme Court had on February 17, 2023 declined to review that decision. That decision was final. Granting the instant application would be an action in vain. The Supreme Court had no jurisdiction to revisit that decision. The application lacked merit.

Muchiri V African Agricultural Technology Foundation (AATF) & Another (Cause 663 Of 2019) [2023] KEELRC [1546] (KLR) (16 June 2023) (Ruling)
Case Number: Cause 663 of 2019	Date Delivered: 16 Jun 2023

Judge: Anna Ngibuini Mwaure

Court: Employment and Labour Relations Court at Nairobi

Parties: Muchiri v African Agricultural Technology Foundation (AATF) & another

Advocates:

Citation: Muchiri v African Agricultural Technology Foundation (AATF) & another (Cause 663 of 2019) [2023] KEELRC 1546 (KLR) (16 June 2023) (Ruling)

Commissioner Of Customs And Border Control V Keppel Investments Limited (Tax Appeal E141 Of 2020) [2023] KEHC 18548 (KLR) (Commercial And Tax) (16 June 2023) (Judgment)
Case Number: Tax Appeal E141 of 2020	Date Delivered: 16 Jun 2023

Judge: David Amilcar Shikomera Majanja

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Commissioner of Customs and Border Control v Keppel Investments Limited

Advocates:

Citation: Commissioner of Customs and Border Control v Keppel Investments Limited (Tax Appeal E141 of 2020) [2023] KEHC 18548 (KLR) (Commercial and Tax) (16 June 2023) (Judgment)

Republic V Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte) (Environment And Land Judicial Review Case E010 Of 2022) [2023] KEELC 18058 (KLR) (16 June 2023) (Judgment)
Case Number: Environment and Land Judicial Review Case E010 of 2022	Date Delivered: 16 Jun 2023

Judge: Edward Karoph Wabwoto

Court: Environment and Land Court at Nairobi

Parties: Republic v Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte)

Advocates:

Citation: Republic v Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte) (Environment and Land Judicial Review Case E010 of 2022) [2023] KEELC 18058 (KLR) (16 June 2023) (Judgment)

Equip Agencies Limited V I & M Bank Limited & 2 Others; Attorney General (Garnishee) (Civil Case 87 Of 2019) [2023] KEHC 18549 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)
Case Number: Civil Case 87 of 2019	Date Delivered: 16 Jun 2023

Judge: David Amilcar Shikomera Majanja

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Equip Agencies Limited v I & M Bank Limited & 2 others; Attorney General (Garnishee)

Advocates:

Citation: Equip Agencies Limited v I & M Bank Limited & 2 others; Attorney General (Garnishee) (Civil Case 87 of 2019) [2023] KEHC 18549 (KLR) (Commercial and Tax) (16 June 2023) (Ruling)

National Bank Of Kenya Limited (As The Successor In Business Of Kenya National Corporation Limited) & Another V Criticos (Application 14 (E023) Of 2022) [2023] KESC 60 (KLR) (16 June 2023) (Ruling)
Case Number: Application 14 (E023) of 2022	Date Delivered: 16 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala

Court: Supreme Court of Kenya

Parties: National Bank of Kenya Limited (As the successor in business of Kenya National Corporation Limited) & another v Criticos

Advocates:

Citation: National Bank of Kenya Limited (As the successor in business of Kenya National Corporation Limited) & another v Criticos (Application 14 (E023) of 2022) [2023] KESC 60 (KLR) (16 June 2023) (Ruling)

Supreme Court does not have jurisdiction to hear and determine and appeal in which no substantial questions of law had been raised.

Brief facts

The appellant had sought for its appeal to be certified as one that raised issues of general public importance that warranted an appeal to the Supreme Court. Aggrieved the appellant filed an application at the Supreme Court to set aside the decision of the Court of Appeal. The matter of general importance that the appellant sought to be determined was whether a guarantor was discharged upon payment of the principal amount and was therefore not liable for interest, costs and other charges.

The respondent opposed the application on grounds that no matters of general public importance affecting the banking industry had been raised.

Issues

Whether the Supreme Court had jurisdiction to hear and determine and appeal in which no substantial questions of law had been raised.

Held

The Court of Appeal found that the certification application could not be sustained. The court based its decision on unconscionable contract as opposed to interpretation of the guarantee document; and that the issue of continuing guarantee clauses was neither pleaded nor determined.
The notice of motion lacked merit as the applicants had not highlighted any issues, the determination of which, would transcend the circumstances of the matter at hand so as to justify a review of the Court of Appeals ruling. The applicants had not raised any substantial question of law, the determination of which, would have a significant bearing on the public interest.

Equip Agencies Limited & Another V I & M Bank Limited (Commercial Case 417 Of 2018) [2023] KEHC 18550 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)
Case Number: Commercial Case 417 of 2018	Date Delivered: 16 Jun 2023

Judge: David Amilcar Shikomera Majanja

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Equip Agencies Limited & another v I & M Bank Limited

Advocates:

Citation: Equip Agencies Limited & another v I & M Bank Limited (Commercial Case 417 of 2018) [2023] KEHC 18550 (KLR) (Commercial and Tax) (16 June 2023) (Ruling)

Gilgil Treatment Industries Limited V I & M Bank Limited & Another (Commercial Case 418 Of 2018) [2023] KEHC 18551 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)
Case Number: Commercial Case 418 of 2018	Date Delivered: 16 Jun 2023

Judge: David Amilcar Shikomera Majanja

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Gilgil Treatment Industries Limited v I & M Bank Limited & another

Advocates:

Citation: Gilgil Treatment Industries Limited v I & M Bank Limited & another (Commercial Case 418 of 2018) [2023] KEHC 18551 (KLR) (Commercial and Tax) (16 June 2023) (Ruling)

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Advanced Search Results:

JGM & Another (Suing Through Mother TN) V GM (Family Appeal E04 Of 2022) [2023] KEHC 19277 (KLR) (16 June 2023) (Ruling)

Optima Sports Management International (UK) Limited & Another V Kenya Broadcasting Corporation (Commercial Case 686 & 687 Of [2009] (Consolidated)) [2023] KEHC 18547 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)

Janmohamed (Suing As The Executrix Of The Estate Of The Late HE Daniel Toroitich Arap Moi) & Another V Lagat & 3 Others (Petition 17 (E021) & 24 (E027) Of [2022] (Consolidated)) [2023] KESC 59 (KLR) (16 June 2023) (Ruling)

Muchiri V African Agricultural Technology Foundation (AATF) & Another (Cause 663 Of 2019) [2023] KEELRC [1546] (KLR) (16 June 2023) (Ruling)

Commissioner Of Customs And Border Control V Keppel Investments Limited (Tax Appeal E141 Of 2020) [2023] KEHC 18548 (KLR) (Commercial And Tax) (16 June 2023) (Judgment)

Republic V Chief Lands Registrar; First River Side Acres (Interested Party); NCBA Bank Kenya PLC (Exparte) (Environment And Land Judicial Review Case E010 Of 2022) [2023] KEELC 18058 (KLR) (16 June 2023) (Judgment)

Equip Agencies Limited V I & M Bank Limited & 2 Others; Attorney General (Garnishee) (Civil Case 87 Of 2019) [2023] KEHC 18549 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)

National Bank Of Kenya Limited (As The Successor In Business Of Kenya National Corporation Limited) & Another V Criticos (Application 14 (E023) Of 2022) [2023] KESC 60 (KLR) (16 June 2023) (Ruling)

Equip Agencies Limited & Another V I & M Bank Limited (Commercial Case 417 Of 2018) [2023] KEHC 18550 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)

Gilgil Treatment Industries Limited V I & M Bank Limited & Another (Commercial Case 418 Of 2018) [2023] KEHC 18551 (KLR) (Commercial And Tax) (16 June 2023) (Ruling)

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