Court decisions & case law

Judgment[1995] KECA 6523 January 1995

CLIFF S. M. LIROVARS v OWNERS OF MOTOR VEHICLE “DHIRAN K ”

Court of Appeal at Malindi

Judgment[1995] KEHC 659 January 1995

Francis M. Kirigia v Paul Murunga & another

High Court at MeruCase number Civil Appeal 72 of 1994

Division and case type: CivilCivil Appeal

For the above reasons I allow this appeal, set aside the judgment and orders of the court below and order that the matter be re-tried by a magistrate with requisite monetary jurisdiction either in Nyeri or Nairobi. I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.

6 min read

Judgment[1994] KECA 11318 December 1994

Sharma v Handa t/a K A Handa Secondary Schools

Court of Appeal at NairobiSamuel Odhiambo Oguk,JUDGE APPEALCase number Civil Appeal 37 of 1991

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gicheru, Kwach & Cockar JJ A ) CIVIL APPEAL NO. 37 OF 1991 BETWEEN SHARMA.............................................................................................APPELLANT AND HANDA T/A K.A.HANDA SECONDARY SCHOOLS...................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Meru (Mr Justice Samuel Odhiambo Oguk) dated 26th November 1990, in Civil Case No 42 of 1986) *******************************

5 min read

Judgment[1994] KECA 9727 November 1994

Isaiah Mathenge & another v Alfred Rugendo Kimotho

Court of Appeal at NairobiMwera,judge Murugu,JUDGE APPEALCivil Appeal 190 of 1991

Division and case type: CivilCivil Appeal

The judge considered a number of letters exchanged between the proprietors and came to the conclusion that they constituted a memorandum or note within the meaning of section 3 of the Act and accordingly binding on the appellants. The first is a letter dated 16th July 1981 from the first appellant to SK Koinange in which he said: “Dear (Mr) Koinange Sale of Plot No 710/17/Mombasa Mr Solomon Murugu has shown me the sale agreement documents for Shs 550,000/-.

19 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.

appeal is dismissedDismissed17 min read

Judgment[1994] KECA 938 November 1994

Ngororo v Ndutha & another

Court of Appeal at NairobiJustice,JUDGE APPEALCase number Civil Appeal 55 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi,Cockar & Omolo JJ A ) CIVIL APPEAL NO. 55 OF 1986 BETWEEN NGORORO...............................................................................APPELLANT AND NDUTHA & ANOTHER.....................................................RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) *********************************

7 min read

Judgment[1994] KECA 8319 September 1994

Lali S. Lali & 3 others v Stephen M. Wachira & 2 others

Court of Appeal at NairobiOwuor,Effie Owuor,JUDGE APPEALCase number Civil Appeal 132 of 1993

Division and case type: CivilCivil Appeal

as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.

13 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: PALL J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 372 OF 1996 BETWEEN DAVID KONGO .......................................................

5 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest. She adjourned the application to 26th April 1994 for hearing inter partes.

appeal failsDismissed62 min read

Judgment[1994] KECA 855 July 1994

Bernard Kiarie v Thuku Njoroge

Court of Appeal at NairobiWilliam Mbaya,JUDGE APPEALCase number Civil Appeal 76 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram:Cockar, Muli & Tunoi JJ A ) CIVIL APPEAL NO. 76 OF 1986 BETWEEN BERNARD KIARIE....................................................................APPELLANT VERSUS THUKU NJOROGE................................................................RESPONDENT (Being an appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) *****************************

8 min read

Judgment[1994] KECA 7830 May 1994

Kenindia Assurance Co Ltd v Patric Muturi

Court of Appeal at NyeriKuloba,judge refused Mr Ghadialy,JUDGE APPEALCase number Civil Appeal 87 of 1993

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NYERI ( Coram: Gachuhi, Kwach & Akiwumi JJ A ) CIVIL APPEAL NO. 87 OF 1993 BETWEEN KENINDIA ASSURANCE COMPANY LIMITED........................................APPELLANT AND PATRIC MUTURI.....................................................................................RESPONDENT (Appeal from the ruling of the High Court of Kenya at Meru (Mr Justice Kuloba) dated 11th day of May, 1993 in HCCC No 114 of 1990) *********************************

15 min read

Judgment[1994] KECA 10518 May 1994

Octagon Private investigation Security Services v Lion of Kenya Insurance Co.

Court of Appeal at NakuruKhamoni,JUDGE APPEALCase number Civil Appeal 185 of 1991

Division and case type: CivilCivil Appeal

delivered on the 17th April, 1990, the learned judge dismissed the application with costs. It is that order dismissing the appellant’s application which forms the subject of the appeal before us.

6 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

prospective petitioner is to strictly adhere to and observe the rules prescribed in the procedure in order to be able to enjoy the rights to which he is entitled under the Constitution. So if the petitioner has failed to meet any obligation which happens to be of a mandatory nature then it will equally defeat the purpose of the Constitution and the Act if the breach of the mandatory obligation is viewed with a blind eye.

76 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

ceased to be an asset of Stones Limited. Hence, the respondent had no basis for seeking the orders contained in his application for an interlocutory injunction.

appeal failsDismissed67 min read

Judgment[1994] KECA 9424 January 1994

Victoria De Meo v Abdullahi H. Khalil & another

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 5 of 1993

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA ( Coram: Gachuhi, Muli & Tunoi JJ A ) CIVIL APPEAL NO. 5 OF 1993 BETWEEN VICTORIA DE MEO..............................................................APPELLANT AND 1.

appeal succeedsAllowed8 min read

Judgment[1994] KECA 11412 January 1994

Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation

Court of Appeal at NairobiOwuor,England,judge bench Court,JUDGE APPEALCase number Civil Application 264 of 1993

Division and case type: CivilCivil Appeal

There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.

19 min read

Judgment[1993] KECA 8419 December 1993

Gateway Insurance Company Limited v Paul Kamau Waithaka

Court of Appeal at NairobiTank,JUDGE APPEALCase number Civil Appeal 33 of 1993

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Muli & Tunoi JJ A) CIVIL APPEAL NO 33 OF 1993 GATEWAY INSURANCE COMPANY LIMITED ….....….….APPELLANT VERSUS PAUL KAMAU WAITHAKA …….……………….………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992)

11 min read

Judgment[1993] KECA 5715 December 1993

King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Di v ision Ltd &

Court of Appeal at NairobiShields,JUDGE APPEALCivil Appeal 55 of 1993

Division and case type: Anti-CorruptionCivil Appeal

company and that the respondents would hold the Deed Plan, when released, to the Order of the Acceptances. As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.

32 min read

Judgment[1993] KECA 6421 November 1993

Nairobi Bus Union v Dexter Ireri Imanene

Court of Appeal at NakuruKKS Aganyanya,JUDGE APPEALCase number Civil Appeal 75 of 1991

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAKURU (Coram: Apaloo CJ, Gachuhi & Omolo JJ A) CIVIL APPEAL NO 75 OF 1991 NAIROBI BUS UNION………………….. APPELLANT VERSUS DEXTER IRERI IMANENE ……...…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987)

appeal failsDismissed8 min read

Judgment[1993] KECA 8918 October 1993

Trouistik Union International & another v Mbeyu & another

Court of Appeal at NairobiBosire,Judge Court,JUDGE APPEALCivil Appeal 145 of 1990

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ………………………………..….. RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987)

17 min read