Court decisions & case law

Judgment[1996] KECA 6810 January 1996

Judgment[1995] KECA 7327 June 1995

MBUGUA NJOROGE v CHEGE NJOROGE “A” & 7 others

Court of Appeal at NairobiOwuor,JUDGE APPEAL,Kinuthia NjorogeCase number Civil Appeal 191 of 1994

Division and case type: CivilCivil Appeal

matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.

appeal failsDismissed5 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 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[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s

14 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.

15 min read