Judgment[1987] KECA 2
Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga
Court of Appeal at Nairobi
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 108 OF 1985 SIMON ODINGA……………………………………APPELLANT V CHARLES SANDE….………………….………..RESPONDENT
Division and case type: CivilCivil Appeal
The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal. The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte injunction against the appellants without giving the appellants the benefit of a hearing inter partes; (2
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: KNELLER, NYARANGI JJA & GACHUHI Ag JA) CIVIL APPEAL NO. 105 OF 1985 JAMES NDUHIU MACHARIA ……...…………….……APPELLANT VERSUS MWOTIA MACHARIA ……………………..……….RESPONDENT (Appeal from a Ruling and Order at the High Court at Nyeri, Patel J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Hancox, Nyarangi and Platt, JJ A) CIVIL APPEAL NO 49 OF 1984 BETWEEN ABDALLA HUSSEIN KILO………………………………….……….. APPELLANT AND KOMBO KASSIM OMAR IDA-SA-GODANA RANCHING CO-OP SOCIETY…....……….…RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of reading in draft the judgment of Platt,
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 5 OF 1984 BETWEEN BAKSHISH SINGH & BROTHERS ………….………...............…………….. APPELLANTS AND PANAFRIC HOTELS LIMITED ………..…………….....................…………..
Division and case type: CivilCivil Appeal
application through an advocate seeking for review of the judgment and prayer for consequential orders after the judgment to be set aside and the case to be heard on merit. The application was grounded on the fact that they being some of the defendants they were not summoned to appear before the arbitration panel and that judgment was given against them and were made to pay costs in a matter which they had not heard.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO. 2 OF 1986 BETWEEN MOHAMED MAHMOUD JABANE............................................................APPELLANT AND HIGHSTONE BUTTY TONGOI OLENJA................................................RESPONDENT JUDGMENT OF HANCOX JA.
Division and case type: CivilCivil Appeal
For all the foregoing reasons, then, I would allow the appeal, I would set aside the learned judge’s order striking out the winding up petition and I would order that the petition should proceed to hearing subject to the Rules being complied with. I would not make any order regarding prayer five in the memorandum of appeal as regards the proposed further advertisements, and I agree that the notice of grounds for affirming the decision should be dismissed.
Division and case type: CivilCivil Appeal
declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a declaration on an originating summons.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller, Hancox & Nyarangi, JJ.A.) CIVIL APPEAL NO. BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at Kakamega (Aganyanya , J.) dated 29th day of May, 1985 in Civil Appeal No.
Division and case type: Milimani Commercial CourtsCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPLICATION NO 1624 OF 1979 MARTINE APIYO WAINDI …………. PLAINTIFF VERSUS PHARMACEUTICAL MANUFACTURING CO LTD & ANOTHER …....……DEFENDANT
Division and case type: CivilCivil Appeal
I agree with the judgment of Nyarangi JA. The appeal will be allowed with the orders proposed by him.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH ……………………..........................…….……………… APPELLANT AND AGIP (KENYA) LIMITED …………………………..................…......……………..…. RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Porter, J ) dated June 17, 1983 In Civil Suit 3224 of 1979) ____________________ JUDGEMENT OF KNELLER, J A I, too, would dismiss the ap
Division and case type: CivilCivil Appeal
would allow the appeal with costs both here and in the High Court, and Local Committee. I would order the commissioner to adjust his assessment as appears may have been envisaged in section 93(2) of the Income Tax Act (cap 470).
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi & Platt JJA) CIVIL APEEAL NO. 31 OF 1985 BETWEEN RUSSEL CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan Ag CJ, Kneller & Nyarangi JJA) CIVIL APPEAL NO. 21 OF 1985 KAIRU ………………………………..…….APPLICANT VERSUS SHAW & 3 OTHERS……………….....…RESPONDENT
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment. On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable crosscut saw in good working condition.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment. On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable crosscut saw in good working condition.