Search court decisions

…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…

…NO. 2843 OF 1993) ********************** JUDGMENT OF THE COURT James Kabui Kinyanjui (the appellant) sued Nahashon Mwithaga Kimani in the superior court seeking, among other reliefs, a declaration that the said Nahashon Mwithaga…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 18 OF 89 Munga Concrete Works Ltd.......................appellant v Industrial Development Bank Ltd..............respondent Judgment.…

…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…

…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…

…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…

…She should get the benefit of the judgment now, but that had to be delayed because of the stay. The respondent was entitled to have the decretal sum deposited in an interest bearing account.…

….…… 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) JUDGMENT Nairobi Bus Union, the appellant herein, is a public transport…

…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…

…The trial judge gave summary judgment on the claim in favour of the respondent and rejected the appellant’s claims.…

…He went on to enter judgment for the respondent against the appellant for the sum of Kshs 235,470.30 together with interest at 12% a year from April 17, 1981 until judgment and thereafter at 12% a year until payment in full…

…CIVIL APPEAL NO. 121 OF 1992 BETWEEN REPUBLIC...........................................................................APPELLANT AND THE DISTRICT COMMISSIONER MACHAKOS...........RESPONDENT (Appeal from the judgment of the…

….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

…OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (An Appeal from the Judgment…

….........................................................APPELLANT AND NAIMA MOHAMOUD (A minor who had sued through her next friend Mohamoud Ali)..............................................RESPONDENT (An appeal from a judgment…

…NO. 1367 OF 1981) ********************** JUDGMENT OF THE COURT: On 23rd September, 1980 at 6.30 p.m. the appellant was driving his peugeot 304 motor vehicle registration NO.…

…Ako v Special District Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50…

…Under section 9(3) of the Law Reform Act (cap. 26) leave shall not be granted unless application for leave is made inside six months after date of judgment.…

….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…and Decree of the High Court at Kakamega, Gicheru J)) JUDGMENT Judgement of Gachuhi JA . 1.…

…There is no form of trust that can be inferred after the judgment, unless it was embodied in the judgment.…

…The learned Chief Magistrate patiently listened to these wrangles in his Court and on 11th August, 1994 handed down his judgment from which this appeal now lies.…

…It is submitted the learned Chief Magistrate lacked jurisdiction to entertain the suit as his pecuniary limit was only Shs 125,000/= at the time he heard the matter and delivered judgment.…

…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…

…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…

…NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..........................................................RESPONDENT (Appeal from the judgment…

…In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

……………………………………RESPONDENTS (Appeal from the judgment of the High Court of Kenya at Nyeri (Patel, J) dated 10th October, 1983 In Civil Case No 186 of 1981) ___________________ JUDGMENT OF THE COURT The respondents, as plaintiffs…

…The High Court record does not say that the plaintiff’s advocate applied for judgment pursuant to the award. But then, the trial Judge could not have entered the judgment without a request to do so.…

…Tarlochan Sight Rai (who I will refer to as the Father henceforth in this judgment) 2. Jaswant Sigh Rai (Jaswant) 3. Sarjit Singh Rai (Sarjit) 4. Rai Investments Limited (Railnvest) 5. Ram Singh 6. Sarjit Singh 7.…

…In my judgment there is no such prospect.…

…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…

…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…