In re IW (Minor)
Adoption cause involving a minor in the High Court at Nairobi. The supplied text is incomplete and states that no substantive decision text is available.
- Adoption of minor
- Adoption
- Family-law
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In re Estate of Chege (Deceased)
The High Court revoked a confirmed grant after finding the applicant proved paternity, the administrators concealed other beneficiaries, and no accounts were filed.
- Revocation of grant
- Paternity and dependency
- Fraudulent concealment
- Failure to account by administrators
- Laches and limitation
- Polygamous estate administration
Boma Hotel t/a Red Court Hotel Limited v Brandables E.A. Limited
The High Court dismissed an appeal from the Small Claims Court, holding that the email service challenge failed and that no triable issue was shown to reopen the default judgment.
- Service of summons
- Default judgment
- Setting aside ex parte judgment
- Triable issues
- Jurisdiction
- Small claims procedure
Mnani Mwameri Chitsala v Royal Liner Express Limited
Default judgment in a road accident negligence suit. The court awarded the plaintiff Kshs. 700,000 general damages and Kshs. 3,250 special damages.
- Negligence
- Vicarious liability
- Uncontroverted evidence after default
- Assessment of general damages
- Special damages
- Interest and costs
Samuel Mapesa Makombere v Khetshi Dharamshi & Co. Limited
The High Court dismissed an application to extend time for appeal, finding no satisfactory explanation for a two-month delay and prejudice after full settlement.
- Extension of time
- Appeals from subordinate courts
- Delay in filing appeal
- Discretion under section 79g
- Prejudice
- Quantum of damages
Eurocollections Limited v Mahesh Kumari
The High Court granted a stay of execution in a small claims appeal, finding no unreasonable delay, substantial loss, and sufficient security on condition of a deposit.
- Stay of execution pending appeal
- Order 42 rule 6 requirements
- Substantial loss
- Security for due performance
- Delay in filing stay application
- Stay-of-execution
Julius Arinaitwe v Balbir Singh Kalsi & 2 others
The court amended the consent decree to reflect the converted title and ordered the defendants to provide completion documents for registration of the sublease, or the Land Registrar may proceed without the original title.
- Consent decree enforcement
- Title conversion
- Sublease registration
- Production of original title
- Section 31 land registration act
- Substituted parties
George Kimani Thuku v Georgina Mbithe Mutinda & John Mwangi Maina (Suing as the administrators of the Estate of the late Kelvin Mutinda Mbithe) & Mwiki P.S.V. Sacco Society Limited
The High Court granted leave to appeal out of time and stayed execution, finding a brief, explained delay, an arguable issue on the right to be heard, and substantial loss.
- Extension of time
- Stay of execution
- Substantial loss
- Security for stay
- Right to be heard
- Joinder of parties
Munene v Nairobi City County & 3 others
The High Court dismissed a contempt motion, finding no wilful breach of the conservatory order and no evidentiary link to the named county officers.
- Civil contempt
- Conservatory orders
- Wilful disobedience
- Knowledge of court orders
- Personal liability for contempt
- Statutory public-health mandate
Gospel of God Church International (SOC./45700) & another v Gospel of God Church (SOC./7670) & 3 others
The High Court struck out the petition and motion, finding the dispute had not exhausted the Societies Act appeal process and that the petitioners lacked locus standi.
- Doctrine of exhaustion
- Locus standi
- Preliminary objection
- Fair administrative action
- Societal registration and name dispute
- Judicial review
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