Case Search

pillars

Case Type: Civil Case


SUNDIP JAGDISH PATEL V ERAD SUPPLIES AND GENERAL CONTRACTORS LTD[2013]eKLR

Case Number: Civil Case 31 of 2013 Date Delivered: 04 Feb 2013

Judge: J. B. HAVELOCK

Court: High Court at Nairobi (Milimani Law Courts)

Parties: SUNDIP JAGDISH PATEL V ERAD SUPPLIES AND GENERAL CONTRACTORS LTD

Citation: SUNDIP JAGDISH PATEL V ERAD SUPPLIES AND GENERAL CONTRACTORS LTD[2013] eKLR

Read More

Kenya Commercial Bank Limited V Osman Mohamed Hussein [2013] eKLR

Case Number: Civil Case 163 of 2003 Date Delivered: 04 Feb 2013

Judge: George Vincent Odunga

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

Parties: Kenya Commercial Bank Limited v Osman Mohamed Hussein

Citation: Kenya Commercial Bank Limited V Osman Mohamed Hussein [2013] eKLR

Read More

NATIONAL BANK OF KENYA LIMITED V JOSEPH KITTONY & 3 Others [2013] eKLR

Case Number: Civil Case 277 of 2012 Date Delivered: 04 Feb 2013

Judge: E. K. O. OGOLA

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NATIONAL BANK OF KENYA LIMITED V JOSEPH KITTONY & 3 others

Citation: NATIONAL BANK OF KENYA LIMITED V JOSEPH KITTONY & 3 Others [2013] eKLR

Read More

PHILIP ODHIAMBO OBUOLO & 3 OTHERS V MATHEW ISHMAEL OUMA ACHIENG[2013]eKLR

Case Number: Civil Case 5 of 2009 Date Delivered: 31 Jan 2013

Judge: RUTH NEKOYE SITATI

Court: High Court at Kisii

Parties: PHILIP ODHIAMBO OBUOLO & 3 OTHERS V MATHEW ISHMAEL OUMA ACHIENG

Citation: PHILIP ODHIAMBO OBUOLO & 3 OTHERS V MATHEW ISHMAEL OUMA ACHIENG[2013] eKLR

Read More

COUNTY COUNCIL OF OLKEJUADO V TOURISM PROMOTION SERVICES (KENYA) LTD[2013]eKLR

Case Number: Civil Case 165 of 2010 Date Delivered: 31 Jan 2013

Judge: W. OUKO

Court: High Court at Nakuru

Parties: COUNTY COUNCIL OF OLKEJUADO V TOURISM PROMOTION SERVICES (KENYA) LTD

Citation: COUNTY COUNCIL OF OLKEJUADO V TOURISM PROMOTION SERVICES (KENYA) LTD[2013] eKLR

Read More

LUCY NYOKABI KIARIE V DAVID WAHOME GITONGA & 3 Others [2013] eKLR

Case Number: Civil Case 358 of 2009 Date Delivered: 30 Jan 2013

Judge: R.P.V. Wendoh

Court: High Court at Nakuru

Parties: LUCY NYOKABI KIARIE v DAVID WAHOME GITONGA & 3 others

Citation: LUCY NYOKABI KIARIE V DAVID WAHOME GITONGA & 3 Others [2013] eKLR

By B. A. IKAMARI

Issues:-

1. Whether the court's jurisdiction under Section 1A of the Civil Procedure Act, 2010, to do substantial justice without undue regard to technicalities allows the court to admit and consider pleadings whose filing and service is delayed; and,

2. Whether an amended plaint, brought pursuant to Order IVA Rule 1 of the Civil Procedure Rules, 2010, but which does not contain an endorsement as to the provision under which the amendment was done or the order allowing the amendment as required by Order 8 Rule 7 of the Civil Procedure Rules, 2010, is incurably defective.

Civil Procedure and Practice-application to strike out an amended plaint-the requirements of Order 8 Rule 7 of the Civil Procedure Rules, 2010, as concerns the amendment of pleadings-the effect of inordinate delay in the filing and service of an amended plaint- the effect of Section 1A of the Civil Procedure Act, 2010, on pleadings whose service and filing is delayed- whether an injustice would be occasioned if the court struck out the amended plaint based on technicalities without considering the whole case on its merits.

Held:-

1. Pursuant to Order 7 Rule 11, of the Civil Procedure Rules, 2010, once a party is served with a defence and counterclaim, that party is required to reply within 15 days of service of the defence and to serve all the parties to the suit.

2. In the instant case, the respondent filed a reply 52 days after the date of service and even after filing it, the respondent did not serve it for 35 days.  The delay, as expressed in filing the reply, was indeed inordinate and there has been no explanation for the said delay.

3. The amended plaint, brought pursuant to Order IVA Rule 1 of the Civil Procedure Rules, 2010, does not contain an endorsement as to the provision under which the amendment was done or the order allowing the amendment as required by Order 8 Rule 7 of the Civil Procedure Rules, 2010 and neither does it fully comply with Order 8 Rule 7(1) of the Civil Procedure Rules, 2010.

4. The respondent's failure to file and serve a reply within the requisite period, gave the applicant the option of applying for judgment on the counterclaim. However, the applicant opted to file a reply to the defence to the counterclaim on December 28, 2011, thus acquiescing to the irregularity.

5. The rule allegedly breached was only meant to hasten the process of litigation by mandating the parties to do certain things within a certain period of time so as not to delay the fast determination of the case and was never meant to be an impediment to the administration of justice.

6. Under Section 1A of the Civil Procedure Act, the court is enjoined to do substantial justice to the parties without undue regard to technicalities.  Striking out the respondent’s pleadings due to a mere delay which seems to be the mistake of counsel would be draconian and prejudicial to the respondent.

7. This suit concerns serious allegations that raise serious triable issues that can only be resolved at a full hearing on the merits. The dispute herein relates to ownership of land whereby the respondent claims to be the owner.  In the reply to the counterclaim, the respondent contends that the said land was fraudulently subdivided and illegally allocated to the applicant.

8. As the respondent did not offer an explanation for the delay which was occasioned by her omission, the costs of the application are awarded to the applicant.

Application dismissed with costs to the applicants.

Read More

Ayub Suleiman Omar V Salim Sheikhan Salim [2013] eKLR

Case Number: Civil Case 490 of 2011 Date Delivered: 30 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: Ayub Suleiman Omar v Salim Sheikhan Salim

Citation: Ayub Suleiman Omar V Salim Sheikhan Salim [2013] eKLR

Read More

ROSEMARY KINANU GITUMA & Another V KENYA COMMERCIAL BANK LTD [2013] eKLR

Case Number: Civil Case 682 of 2012 Date Delivered: 30 Jan 2013

Judge: J.B. Havelock

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

Parties: ROSEMARY KINANU GITUMA & another v KENYA COMMERCIAL BANK LTD

Citation: ROSEMARY KINANU GITUMA & Another V KENYA COMMERCIAL BANK LTD [2013] eKLR

Read More

Nyosianai Management Co. Ltd & Another V Starwood Apartments Management Ltd & 3 Others [2013] eKLR

Case Number: Civil Case 101 of 2012 Date Delivered: 30 Jan 2013

Judge: Eric Kennedy Okumu Ogola

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

Parties: Nyosianai Management Co. Ltd & Christopher Orina Kenyariri v Starwood Apartments Management Ltd, John Njenga, Greg Nguta Mutinda & Mathew Kiragu Mwangi

Citation: Nyosianai Management Co. Ltd & Another V Starwood Apartments Management Ltd & 3 Others [2013] eKLR

Read More

Molo Group Services Savings And Credit Co-Operative Limited V Samuel Chege Kuria & 2 Others [2013] eKLR

Case Number: Civil Case 478 of 2012 Date Delivered: 30 Jan 2013

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Molo Group Services Savings and Credit Co-Operative Limited v Samuel Chege Kuria,Timothy Chege & Said Salam Alias Shahid Nusheen Mohamed

Citation: Molo Group Services Savings And Credit Co-Operative Limited V Samuel Chege Kuria & 2 Others [2013] eKLR

Read More

PRINTING INDUSTRIES LIMITED & ANOTHER V BANK OF BARODA KENYA LIMITED [2013] eKLR

Case Number: Civil Case 335 of 2008 Date Delivered: 30 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: PRINTING INDUSTRIES LIMITED & ANOTHER v BANK OF BARODA KENYA LIMITED

Citation: PRINTING INDUSTRIES LIMITED & ANOTHER V BANK OF BARODA KENYA LIMITED [2013] eKLR

Read More

NGUYOU NGIBUINI T/A/ NGIBUINI & ASSOCIATES, CONSULTING ARCHITECTS V CITY COUNCIL OF NAIROBI [2013] eKLR

Case Number: Civil Case 446 of 2012 Date Delivered: 30 Jan 2013

Judge: J. B. HAVELOCK

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

Parties: NGUYOU NGIBUINI T/A/ NGIBUINI & ASSOCIATES, CONSULTING ARCHITECTS v CITY COUNCIL OF NAIROBI

Citation: NGUYOU NGIBUINI T/A/ NGIBUINI & ASSOCIATES, CONSULTING ARCHITECTS V CITY COUNCIL OF NAIROBI [2013] eKLR

Read More

FIRN OVERSEAS PACKAGING LIMITED V PRIME CARTONS LIMITED [2013] eKLR

Case Number: Civil Case 98 of 2012 Date Delivered: 30 Jan 2013

Judge: J. B.HAVELOCK

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

Parties: FIRN OVERSEAS PACKAGING LIMITED v PRIME CARTONS LIMITED

Citation: FIRN OVERSEAS PACKAGING LIMITED V PRIME CARTONS LIMITED [2013] eKLR

Read More

HANAH NJERI NGUGI V DAVID KIARIE NGUGI[2013]eKLR

Case Number: Civil Case 133 of 2012 Date Delivered: 29 Jan 2013

Judge: E. OBAGA

Court: High Court at Kitale

Parties: HANAH NJERI NGUGI V DAVID KIARIE NGUGI

Citation: HANAH NJERI NGUGI V DAVID KIARIE NGUGI[2013] eKLR

Read More

THOMAS WAMBUGU KARUBU V STEPHEN NDUNGU KARUKU [2013] eKLR

Case Number: Civil Case 46 of 2012 Date Delivered: 29 Jan 2013

Judge: A. Ombwayo

Court: High Court at Nyeri

Parties: THOMAS WAMBUGU KARUBU v STEPHEN NDUNGU KARUKU

Citation: THOMAS WAMBUGU KARUBU V STEPHEN NDUNGU KARUKU [2013] eKLR

Read More

PETER GITHUA CHEGE V PETER KAGUARA UIRU[2013]eKLR

Case Number: Civil Case 196 of 2012 Date Delivered: 29 Jan 2013

Judge: W. OUKO

Court: High Court at Nakuru

Parties: PETER GITHUA CHEGE V PETER KAGUARA UIRU

Citation: PETER GITHUA CHEGE V PETER KAGUARA UIRU[2013] eKLR

Read More

BENJAMIN KIPSORNO KOMEN & 2 OTHERS V HENRY KIBET ROTICH[2013]eKLR

Case Number: Civil Case 340 of 2009 Date Delivered: 29 Jan 2013

Judge: W. OUKO

Court: High Court at Nakuru

Parties: BENJAMIN KIPSORNO KOMEN & 2 OTHERS V HENRY KIBET ROTICH

Citation: BENJAMIN KIPSORNO KOMEN & 2 OTHERS V HENRY KIBET ROTICH[2013] eKLR

Read More

FRANCIS MWAURA NJINU V HANNAH WANJIKU MBURU & 3 Others [2013] eKLR

Case Number: Civil Case 379 of 2008 Date Delivered: 29 Jan 2013

Judge: E. K. O. OGOLA

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

Parties: FRANCIS MWAURA NJINU v HANNAH WANJIKU MBURU & 3 others

Citation: FRANCIS MWAURA NJINU V HANNAH WANJIKU MBURU & 3 Others [2013] eKLR

Read More

TEXPLAST INDUSTRIES LTD V CHEMELIL SUGAR CO LTD[2013]eKLR

Case Number: Civil Case 108 of 2010 Date Delivered: 28 Jan 2013

Judge: H.K. CHEMITEI

Court: High Court at Kisumu

Parties: TEXPLAST INDUSTRIES LTD V CHEMELIL SUGAR CO LTD

Citation: TEXPLAST INDUSTRIES LTD V CHEMELIL SUGAR CO LTD[2013] eKLR

Read More

Anne Njeri Mwangi V Njomaitha Investments Ltd [2013] eKLR

Case Number: Civil Case 605 of 2010 Date Delivered: 28 Jan 2013

Judge: Eric Kennedy Okumu Ogola

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

Parties: Anne Njeri Mwangi v Njomaitha Investments Ltd

Citation: Anne Njeri Mwangi V Njomaitha Investments Ltd [2013] eKLR

Read More

MARGARET MUSAGA WINDA V BOOKER WASHINGTONE BONYO & ANOTHER[2013]eKLR

Case Number: Civil Case 78 of 2012 Date Delivered: 28 Jan 2013

Judge: A.K. KANIARU

Court: High Court at Kisumu

Parties: MARGARET MUSAGA WINDA V BOOKER WASHINGTONE BONYO & ANOTHER

Citation: MARGARET MUSAGA WINDA V BOOKER WASHINGTONE BONYO & ANOTHER[2013] eKLR

Read More

JOHN GATERI KIMANI & ANOTHER V NDIRITU THATHUA[2013]eKLR

Case Number: Civil Case 90 of 2011 Date Delivered: 25 Jan 2013

Judge: A. OMBWAYO

Court: High Court at Nyeri

Parties: JOHN GATERI KIMANI & ANOTHER V NDIRITU THATHUA

Citation: JOHN GATERI KIMANI & ANOTHER V NDIRITU THATHUA[2013] eKLR

Read More

ESTHER KABUI GITHINJI & ANOTHER V REUL KIIRU KIBARIKU & 10 OTHERS[2013]eKLR

Case Number: Civil Case 82 of 2003 Date Delivered: 25 Jan 2013

Judge: A.O. OMBWAYO

Court: High Court at Nyeri

Parties: ESTHER KABUI GITHINJI & ANOTHER V REUL KIIRU KIBARIKU & 10 OTHERS

Citation: ESTHER KABUI GITHINJI & ANOTHER V REUL KIIRU KIBARIKU & 10 OTHERS[2013] eKLR

Read More

JOSEPH K MULI & 9 OTHERS V DEUTSCHE GESELISCHAFT TECHNISCHE ZUSAMMENARBEIT GmbH, GTZ[2013]eKLR

Case Number: Civil Case 564 of 2007 Date Delivered: 25 Jan 2013

Judge: H.P.G. WAWERU

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOSEPH K MULI & 9 OTHERS V DEUTSCHE GESELISCHAFT TECHNISCHE ZUSAMMENARBEIT GmbH, GTZ

Citation: JOSEPH K MULI & 9 OTHERS V DEUTSCHE GESELISCHAFT TECHNISCHE ZUSAMMENARBEIT GmbH, GTZ[2013] eKLR

Read More

WOG TECHNOLOGIES (P) LIMITED V AGRO CHEMICAL AND FOOD COMPANY LIMITED [2013] eKLR

Case Number: Civil Case 435 of 2011 Date Delivered: 25 Jan 2013

Judge: H.P.G. Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: WOG TECHNOLOGIES (P) LIMITED v AGRO CHEMICAL AND FOOD COMPANY LIMITED

Citation: WOG TECHNOLOGIES (P) LIMITED V AGRO CHEMICAL AND FOOD COMPANY LIMITED [2013] eKLR

Read More

HEYWOOD OCHIENG ASESO V JACKSON KIMEU MULINGE & 2 Others [2013] eKLR

Case Number: Civil Case 2544 of 1997 Date Delivered: 25 Jan 2013

Judge: H.P.G. Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: HEYWOOD OCHIENG ASESO v JACKSON KIMEU MULINGE & 2 others

Citation: HEYWOOD OCHIENG ASESO V JACKSON KIMEU MULINGE & 2 Others [2013] eKLR

Read More

DAVID KABUBII KURIA V BRYAN ERIC LIMITED & 4 Others [2013] eKLR

Case Number: Civil Case 624 of 2012 Date Delivered: 24 Jan 2013

Judge: J.B. Havelock

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

Parties: DAVID KABUBII KURIA v BRYAN ERIC LIMITED & 4 others

Citation: DAVID KABUBII KURIA V BRYAN ERIC LIMITED & 4 Others [2013] eKLR

Read More

SAMUEL KOSKEI OTIENO V Attorney General & Another [2013] eKLR

Case Number: Civil Case 44 of 2012 Date Delivered: 24 Jan 2013

Judge: E. Obaga

Court: High Court at Kitale

Parties: SAMUEL KOSKEI OTIENO v Attorney General & another

Citation: SAMUEL KOSKEI OTIENO V Attorney General & Another [2013] eKLR

Read More

Mohammed Hassim Pondor (Suing On Behalf Of The International Air Transport Association – IATA) & Another V Twim Buffalos Safaris Limited 4 & Others [2013] eKLR

Case Number: Civil Case 496 of 2011 Date Delivered: 24 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: Mohammed Hassim Pondor (Suing on Behalf of the International Air Transport Association – IATA) & Mercantile Insurance Company Limited v Twim Buffalos Safaris Limited, Margaret Wamaitha Ruiti, David Njane Ruiyi, Benson Ruiyi Njane & Rachel Njane

Citation: Mohammed Hassim Pondor (Suing On Behalf Of The International Air Transport Association – IATA) & Another V Twim Buffalos Safaris Limited 4 & Others [2013] eKLR

Read More

BEUTTAH ANSELIMO MAALI V ETHIOPIAN AIRLINES ENTERPRISES [2013] eKLR

Case Number: Civil Case 635 of 2007 Date Delivered: 24 Jan 2013

Judge: G.V. Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: BEUTTAH ANSELIMO MAALI v ETHIOPIAN AIRLINES ENTERPRISES

Citation: BEUTTAH ANSELIMO MAALI V ETHIOPIAN AIRLINES ENTERPRISES [2013] eKLR

Read More

HENRY NJOROGE KAMAU V KENYA POWER & LIGHTING CO. LTD [2013] eKLR

Case Number: Civil Case 395 of 2012 Date Delivered: 24 Jan 2013

Judge: J. B.HAVELOCK

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

Parties: HENRY NJOROGE KAMAU v KENYA POWER & LIGHTING CO. LTD

Citation: HENRY NJOROGE KAMAU V KENYA POWER & LIGHTING CO. LTD [2013] eKLR

Read More

CHINA SICHUAN CORPORATION FOR INTERNATIONAL TECHNO-ECONOMIC CO-OPERATIVE (SIETCO) V KIGWE COMPLEX LIMITED [2013] eKLR

Case Number: Civil Case 464 of 2012 Date Delivered: 24 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: CHINA SICHUAN CORPORATION FOR INTERNATIONAL TECHNO-ECONOMIC CO-OPERATIVE (SIETCO) v KIGWE COMPLEX LIMITED

Citation: CHINA SICHUAN CORPORATION FOR INTERNATIONAL TECHNO-ECONOMIC CO-OPERATIVE (SIETCO) V KIGWE COMPLEX LIMITED [2013] eKLR

Reported by Emma Kinya Mwobobia

Issues:

1. Whether the application for the proceedings to be referred to arbitration was time barred.

2. Whether a general provision of the constitution could cushion one on a matter of technicality where there was a specific statutory provision.

3. Whether Article 159(2)(d) of the Constitution was a panacea for incomptetent proceedings.

Civil Law- Arbitration- stay – stay of legal proceedings – application for stay of legal proceedings for a matter to be reffered to arbitration – mandatory provision under the Arbitration Act to file for arbitration at the time the defendant enters appearance – whether the application for the proceedings to be referred to arbitration during the trial was time barred – Article 6(1) Arbitration Act

Constitutional law- Constitutional provisions – provision by the Constitution that justice shall be administered without undue regard to procedural technicalities – whether such a provision can be relied on in the face of a  mandatory provision under a statute – Article 159 (2) (d) Constitution of Kenya, 2010

Held:

1. It was mandatory that when filing an application for stay of legal proceedings for a matter to be reffered to arbitration, the same must have been filed at the time when the party entered appearance to the suit brought against it.

2. Article 159(2) (d) of the Consitution could not be relied upon in the face of a specific provision in section 6 (1) of the Arbitration Act which had a mandatory provision for filing an application for arbitration proceedings at the time of entering appearance.

3. The application failed to uphold the mandatory provision of sec 6 of the Arbitration Act. It was ipso facto defective and could not have been cured by Article 159 (2) of the Constitution.

Application dismissed with costs to the plaintiff.

Read More

Charles Maana Daria V Development Bank Of Kenya Limited & 2 Others [2013] eKLR

Case Number: Civil Case 642 of 2012 Date Delivered: 23 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: Charles Maana Daria v Development Bank of Kenya Limited,Axamac Holdings Limited & S. M. Gathogo T/A Valley Auctioneers

Citation: Charles Maana Daria V Development Bank Of Kenya Limited & 2 Others [2013] eKLR

Read More

Prime Communciations Limited V Kenya Medical Laboratory Technicians & Technologists Board [2013] eKLR

Case Number: Civil Case 489 of 2012 Date Delivered: 23 Jan 2013

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Prime Communciations Limited v Kenya Medical Laboratory Technicians & Technologists Board

Citation: Prime Communciations Limited V Kenya Medical Laboratory Technicians & Technologists Board [2013] eKLR

Read More

Malezi Preparatory Schools Ltd V Eco Bank Kenya Ltd [2013] eKLR

Case Number: Civil Case 520 of 2011 Date Delivered: 23 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: Malezi Preparatory Schools Ltd v Eco Bank Kenya Ltd

Citation: Malezi Preparatory Schools Ltd V Eco Bank Kenya Ltd [2013] eKLR

Read More

MECHAI INTERNATIONAL LTD V TIMOTHY BUSIENEI & 2 Others [2013] eKLR

Case Number: Civil Case 154 of 2008 Date Delivered: 23 Jan 2013

Judge: A. Mshila

Court: High Court at Eldoret

Parties: MECHAI INTERNATIONAL LTD v TIMOTHY BUSIENEI & 2 others

Citation: MECHAI INTERNATIONAL LTD V TIMOTHY BUSIENEI & 2 Others [2013] eKLR

Read More

STRATEGIC INDUSTRIES LTD V REBECCA FASHION (KENYA) LTD [2013] eKLR

Case Number: Civil Case 46 of 2011 Date Delivered: 23 Jan 2013

Judge: Jonathan Bowen Havelock

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

Parties: STRATEGIC INDUSTRIES LTD v REBECCA FASHION (KENYA) LTD

Citation: STRATEGIC INDUSTRIES LTD V REBECCA FASHION (KENYA) LTD [2013] eKLR

Read More

MAASAI KENYA LIMITED V HARDWARE & STEEL CENTRE LIMITED & Another [2013] eKLR

Case Number: Civil Case 273 of 2012 Date Delivered: 23 Jan 2013

Judge: J.B. Havelock

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

Parties: MAASAI KENYA LIMITED v HARDWARE & STEEL CENTRE LIMITED & another

Citation: MAASAI KENYA LIMITED V HARDWARE & STEEL CENTRE LIMITED & Another [2013] eKLR

Read More

YUSUF GITAU ABDALLAH V BUILDING CENTRE (K) LTD & 4 OTHERS[2013]eKLR

Case Number: Civil Case 1394 of 1998 Date Delivered: 22 Jan 2013

Judge: G.V. ODUNGA

Court: High Court at Nairobi (Milimani Law Courts)

Parties: YUSUF GITAU ABDALLAH V BUILDING CENTRE (K) LTD & 4 OTHERS

Citation: YUSUF GITAU ABDALLAH V BUILDING CENTRE (K) LTD & 4 OTHERS[2013] eKLR

Read More

ISAAC MAKAYE BIGORO & 2 OTHERS V LEONARD KIPNGETICH LANGAT & 15 OTHERS[2013]eKLR

Case Number: Civil Case 510 of 2012 Date Delivered: 21 Jan 2013

Judge: S. OKONG'O

Court: High Court at Kisii

Parties: ISAAC MAKAYE BIGORO & 2 OTHERS V LEONARD KIPNGETICH LANGAT & 15 OTHERS

Citation: ISAAC MAKAYE BIGORO & 2 OTHERS V LEONARD KIPNGETICH LANGAT & 15 OTHERS[2013] eKLR

Read More

KIRIGITI THATHI-INI MUGUMO WATER CO. LTD V KIAMBU WATER AND SEWERAGE COMPANY LTD [2013] eKLR

Case Number: Civil Case 500 of 2012 Date Delivered: 18 Jan 2013

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: KIRIGITI THATHI-INI MUGUMO WATER CO. LTD v KIAMBU WATER AND SEWERAGECOMPANY LTD

Citation: KIRIGITI THATHI-INI MUGUMO WATER CO. LTD V KIAMBU WATER AND SEWERAGE COMPANY LTD [2013] eKLR

Kirigiti Thathi-ini Mugumo Water Co. Ltd v. Kiambu Water and Sewerage Company Limited

Reported by Njeri Githanga & Victor Andande

 

Issues:

         i.            Whether the jurisdiction vested in the High Court under the Constitution can be limited.

       ii.            Whether section 85 of the Water Act excludes jurisdiction of the High Court from hearing the disputes mentioned therein.

      iii.            Whether the Chairman of a board such as Water Appeals Board can issue guidance to a subordinate court.

    iv.            Whether a preliminary objection can be raised in regard to exercise of judicial discretion.

Constitutional Law-jurisdiction–limitation of jurisdiction-where disputes under the Water Act are vested in the water appeals board- whether section 85 of the Water Act excludes jurisdiction of the High Court from hearing the disputes mentioned therein -whether the original jurisdiction of the high court can be limited - Constitution of Kenya 2010, Article 165- Water Act, Section 85

Section 85 of the Water Act provides as follows:

(1) An appeal shall lie to the Water Appeals Board at the suit of any person having a right or proprietary interest which is directly affected by a decision or order of the Authority, the Minister or the Regulatory Board concerning a permit or licence under this Act, and the Board shall hear and determine any such appeal.

(2) In addition, the Board shall have such jurisdiction to hear and determine disputes, and shall have such other powers and functions, as may be conferred or imposed on it by or under this or any other Act.

Held:

1.      The High Court no longer has original and unlimited jurisdiction in all matters as it used to have under the old Constitution.

 

2.      The jurisdiction of the High Court can only be limited as provided by or on authority of the Constitution itself. Any provision purporting to limit the jurisdiction of the high court must derive its validity from the constitution. This must be expressly and not by implication unless the implication is necessary for the carrying into effect the provisions of the Act.

 

3.      Parliament has powers to legislate on the manner in which certain disputes may be determined as a way of promoting specialization by such bodies. This is because certain bodies are better placed to arbitrate between parties in given sectors within their scope. Thus, though the high court has jurisdiction to entertain such matters, it may restrain from doing so until the body vested with such powers has been moved.

 

4.      Alternative dispute resolution processes are complementary to the judicial process and by virtue of Article 159(2) (c) of the Constitution of Kenya, 2010, the Court is obligated to promote these modes of alternative dispute resolution and that it is not inconsistent with Articles 22 and 23 to insist that statutory processes be followed particularly where such processes are for the specific purpose of realising, promoting and protecting certain rights.

 

5.      Despite Section 85 of the Water Act providing for a dispute resolution mechanism in regard to disputes mentioned therein, to read into that provision the exclusion of the jurisdiction of the High Court to entertain such disputes would amount to the abdication by the High Court of its Constitutional mandate.

 

6.      The Chairman of Water Appeals Board by issuing a Gazette Notice stating that all disputes under the Water Act, 2002 be filed in and determined by the Water Appeals Board and that disputes already filed in the High Court and Magistrates’ Courts be transferred to the Water Appeals Board within 30 days from the date when the gazette notice was issued acted ultra vires as he had no jurisdiction to direct the High Court on how to deal with a matter pending before it.

 

7.      Statutory provisions tending to oust the jurisdiction of the Court should be construed strictly and narrowly. A provision ousting the ordinary jurisdiction of the Court must be construed strictly meaning that, if such a provision is reasonably capable of having two meanings, that meaning shall be taken which preserves the ordinary jurisdiction of the Court.

 

8.      The Chairman of the Water Appeals Board in purporting to supervise the Magistrate’s Courts was acting ultra vires. Under Article 165(6) of the Constitution only the High Court that has the supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, other than a superior court.

 

9.      To restrict the extent to which the High Court ought to entertain disputes which ought to be dealt with by the Water Appeals Board, without any legislative provision that mandatorily requires that the said disputes be referred to the said Tribunal it is an exercise of discretion on the part of the Court based on the facts and circumstances such as the nature of the orders sought and whether the Water Appeals Board has the powers to resolve the dispute in question.

 

10. A preliminary objection cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.Thus, a preliminary objection seeking exercise of judicial discretion cannot be sustained.

Preliminary objection dismissed

Read More

JACKSON KARIUKI NDEGWA V PETER KUNGU MWANGI [2013] eKLR

Case Number: Civil Case 337 of 2011 Date Delivered: 18 Jan 2013

Judge: R.P.V. Wendoh

Court: High Court at Nakuru

Parties: JACKSON KARIUKI NDEGWA v PETER KUNGU MWANGI

Citation: JACKSON KARIUKI NDEGWA V PETER KUNGU MWANGI [2013] eKLR

Read More

MARTIN MUGA OMUNY V MERCY OGURU OKELLO[2013]eKLR

Case Number: Civil Case 567 of 2012 Date Delivered: 18 Jan 2013

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MARTIN MUGA OMUNY V MERCY OGURU OKELLO

Citation: MARTIN MUGA OMUNY V MERCY OGURU OKELLO[2013] eKLR

Read More

E. R. O V BOARD OF TRUSTEES, FAMILY PLANNING ASSOCIATION OF KENYA [2013] eKLR

Case Number: Civil Case 788 of 2000 Date Delivered: 18 Jan 2013

Judge: H.P.G. WAWERU

Court: High Court at Nairobi (Milimani Law Courts)

Parties: E. R. O v BOARD OF TRUSTEES, FAMILY PLANNING ASSOCIATION OF KENYA

Citation: E. R. O V BOARD OF TRUSTEES, FAMILY PLANNING ASSOCIATION OF KENYA [2013] eKLR

Reported by Nelson K. Tunoi & Beatrice Manyal 

Tort-negligence-medical negligence-whether the defendant owed a duty of care to the plaintiff-where the defendant performed tubal ligation on the plaintiff-whether the defendants were negligent-whether the plaintiff was entitled to the damages sought. 

Read More

ROBERT THORONJO KARANI V JEREMY MIRITI BUNDI[2013]eKLR

Case Number: Civil Case 105 of 2011 Date Delivered: 18 Jan 2013

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: ROBERT THORONJO KARANI V JEREMY MIRITI BUNDI

Citation: ROBERT THORONJO KARANI V JEREMY MIRITI BUNDI[2013] eKLR

When Emails Published To Members Of Staff Are Defamatory

Reported by Teddy Musiga

 

Issue:

         i.            Whether an email published to members of staff can be construed as defamatory.

Tort-Defamation – Libel - claim for damages in respect of an email published and copied to members of staff who need not to have been copied therein – compensatory damages and aggravated damages.

Held:

1.      The defamatory words as pleaded and proved amounted to libel. Libel is actionable per se i.e the plaintiff need not prove actual damage to his character and reputation to be entitled to damages.

 

2.      Since the plaintiff produced no evidence of any tangible damage he may have suffered, for instance to his career or other prospects, he is nevertheless entitled to compensatory damages for the harm to his character and reputation on account of the libel and also to assuage him for his hurt feelings.

 

3.      Taking into account that the defamatory email was circulated only to a very small number of persons within the organization where they all worked and that the defamatory words were not published to the world at large.

4.      Compensatory damages are awarded at Ksh. 300,000/= and aggravated damages awarded at Ksh. 150,000/= upon the basis that the defendant was actuated by malice to write and publish the defamatory email by dint of copying people who need not to have been copied in the email.

 

Read More

BOARD OF GOVERNORS, SOLAI KALE SECONDARY SCHOOL V ISAAC LELEI & 5 OTHERS[2013]eKLR

Case Number: Civil Case 166 of 2010 Date Delivered: 18 Jan 2013

Judge: W. OUKO

Court: High Court at Nakuru

Parties: BOARD OF GOVERNORS, SOLAI KALE SECONDARY SCHOOL V ISAAC LELEI & 5 OTHERS

Citation: BOARD OF GOVERNORS, SOLAI KALE SECONDARY SCHOOL V ISAAC LELEI & 5 OTHERS[2013] eKLR

Read More

EDWARDS KINGS ONYANCHA MAINA T/A MATRA INTERNATIONAL ASSOCIATES V CHNA JIANGSU IETC CORPORATION & 8 OTHERS[2013]eKLR

Case Number: Civil Case 440 of 2011 Date Delivered: 17 Jan 2013

Judge: G.V. ODUNGA

Court: High Court at Nairobi (Milimani Law Courts)

Parties: EDWARDS KINGS ONYANCHA MAINA T/A MATRA INTERNATIONAL ASSOCIATES V CHNA JIANGSU IETC CORPORATION & 8 OTHERS

Citation: EDWARDS KINGS ONYANCHA MAINA T/A MATRA INTERNATIONAL ASSOCIATES V CHNA JIANGSU IETC CORPORATION & 8 OTHERS[2013] eKLR

Read More

BENJAMIN K. MITEI V MARY CHEPNGENO CHESAINA[2013]eKLR

Case Number: Civil Case 92 of 2006 Date Delivered: 17 Jan 2013

Judge: A.MSHILA

Court: High Court at Eldoret

Parties: BENJAMIN K. MITEI V MARY CHEPNGENO CHESAINA

Citation: BENJAMIN K. MITEI V MARY CHEPNGENO CHESAINA[2013] eKLR

Read More

CLEARSPAN CONSTRUCTION LIMITED V EAST AFRICAN GAS COMPANY LIMITED [2012] eKLR

Case Number: Civil Case 1 of 2004 Date Delivered: 15 Jan 2013

Judge: R.M. MWONGO

Court: High Court at Mombasa

Parties: CLEARSPAN CONSTRUCTION LIMITED v EAST AFRICAN GAS COMPANY LIMITED

Citation: CLEARSPAN CONSTRUCTION LIMITED V EAST AFRICAN GAS COMPANY LIMITED [2012] eKLR

Read More

ASHA CHIKU WANJE V MOHAMMED KIZITO WANYAMA & 2 OTHERS[2013]eKLR

Case Number: Civil Case 275 of 2009 Date Delivered: 15 Jan 2013

Judge: R.M. MWONGO

Court: High Court at Mombasa

Parties: ASHA CHIKU WANJE V MOHAMMED KIZITO WANYAMA & 2 OTHERS

Citation: ASHA CHIKU WANJE V MOHAMMED KIZITO WANYAMA & 2 OTHERS[2013] eKLR

Read More