Court decisions & case law

Judgment[2023] KEHC 2721426 December 2023

Judgment[2011] KEHC 1381 December 2011

ANALIK WEKESA & Another v HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI

High Court at Nakurujudge for dismissal if no steps have been taken to set it down for hearing withinCase number Civil Appeal 215 of 2009

Division and case type: CivilCivil Appeal

IN THE HIGH COURT OF KENYA AT NAKURU CIVIL APPEAL NO.215 OF 2009 ANALIK WEKESA…………………………………….……….……....1ST APPELLANT DIOCESE OF LODWAR (Thro’ its Registered Trustees...........….........2ND APPELLANT VERSUS HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI (Suing as the Administrators of the estate ofJAMES KANENE MWANGI (Deceased)….................……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution. The stay was gran

application is dismissedDismissed2 min read

Judgment[2006] KEHC 6814 December 2006

[2006] KEHC 68 (KLR)

High Court at NakuruCase number Civil Appeal 30 of 1997

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Appeal 30 of 1997 [Being an appeal from the Judgment of Honourable Japhet Mahasi – R.M in Resident Magistrate’s Court - Kabarnet, Land/Civil case Nos. 1 & 2 of 1992 dated the 24th March 1997] DANIEL KIPKEMEI CHEROGONY ...…...………….…...

5 min read

Judgment[2002] KECA 31019 September 2002

Abraham Tenoi Kimala v Job Kipsang Suter

Court of Appeal at NakuruJUDGE APPEALCase number Civil Application 51 of 2001

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAKURU (CORAM: OMOLO, TUNOI & O’KUBASU JJ A ) CIVIL APPLICATION NO 51 OF 2001 BETWEEN ABRAHAM TENOI KIMALA................................APPLICANT AND JOB KIPSANG SUTER ......................................RESPONDENT RULING OF THE COURT This is a reference from the ruling of a learned single judge of this Court delivered on 25th September, 2001, whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension of time within

application failsDismissed3 min read

Judgment[2001] KECA 19322 November 2001

Edwin Otieno Ocholla & 2 others v Madhir Construction Limited & another

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal (Application) 163 of 2001

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A. (IN CHAMBERS) CIVIL APPEAL (APPLICATION) NO.

1 min read

Judgment[1998] KECA 3415 June 1998

Calistus Ochieno Oyalo & 4 others v Aoko & another

Court of Appeal at KisumuJUDGE APPEAL,AOKOCase number Civil Appeal 130 of 1996

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2.

1 min read

Judgment[1996] KECA 9629 February 1996

Clement J. Macharia v K. G. G. C. U. Ltd

Court of Appeal at NakuruJUDGE APPEAL,Justice,RomsalvesCase number Civil Appeal 66 or 19 of 1995

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Civil Appeal 66 or 1995 CLEMENT J. MACHARIA …………………….....................................

2 min read

Judgment[1995] KECA 6913 June 1995

Mwita Merengo v Werema Merengo

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 33 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.) CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN H.C.C.

1 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[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 9013 January 1993

Odonyo v K'ombudo

Court of Appeal at KisumuJUDGE APPEALCivil Appeal 118 of 1990

Division and case type: CivilCivil Appeal

Accordingly we enhance the damages to Kshs 40,000/-. We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent.

5 min read

Judgment[1991] KECA 1122 October 1991

Atogo v Agricultural Finance Corporation

Court of Appeal at NakuruJUDGE APPEALCivil Appeal No 165 of 1989

Division and case type: CivilCivil Appeal

Atogo v Agricultural Finance Corporation & another Court of Appeal at Nakuru October 23, 1991 Hancox CJ, Masime JA & Omolo Ag JA Civil Appeal No 165 of 1989 (Appeal from the judgment of the High Court at Eldoret (Aganyanya J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered. On the 15th October, 1987, Regent Auctioneers who are official court brokers, seized a Datsun pick-up vehicle no KLR 903 belonging to the appellant, who was the p

12 min read

Judgment[1990] KECA 6326 December 1990

Kweyu v Omuto

Court of Appeal at KisumuCivil Appeal 8 of 1990

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS))

18 min read

Judgment[1990] KECA 669 December 1990

Mayfair Holdings Ltd v Ahmed

Court of Appeal at KisumuJudge Magistrate,JUDGE APPEALCivil Appeal 18 of 1990

Division and case type: CivilCivil Appeal

from the type of agency which has to be considered as part of the law of principal and agent, in order to ascertain whether a principal is bound by an agreement purportedly made by his agent. Since the defence was immediately taken over by the advocate the necessity thenceforth for a recognised agent disappeared.

suit dismissedDismissed40 min read

Judgment[1989] KECA 5018 June 1989

Ako v Special District Commissioner Kisumu & another

Court of Appeal at KisumuJUDGE APPEALCivil Appeal 27 of 1989

Division and case type: CivilCivil Appeal

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 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG. JA JUNE 19, 1989 BETWEEN AKO ............................................................................................................

appeal failsDismissed4 min read

Judgment[1989] KECA 5113 March 1989

Yalwala v Indumuli & another

Court of Appeal at KisumuJudge set out Order,JUDGE APPEALCivil Appeal 69 of 1987

Division and case type: CivilCivil Appeal

the learned Senior Resident Magistrate ruled that the summons had been properly served under Order https://new.kenyalaw.org/akn/ke/judgment/keca/1989/51/eng@1989-03-14 4 V Rule 12 of the Civil Procedure Rules and dismissed the application. The appellant’s appeal against that ruling was similarly heard and dismissed by the High Court hence this second appeal.

Appeal allowedAllowed16 min read

Judgment[1988] KECA 1318 September 1988

Richard Saidi v Manasse Lumwachi Hajani

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 58 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT

4 min read

Judgment[1988] KECA 11226 June 1988

Owuor v Kenya Medical Research Institute, Malaria and other Protozol Diseases Research Center

Court of Appeal at KisumuCivil Appeal 25 of 1987

Division and case type: CivilCivil Appeal

Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree of the High Court at Kisumu, Butler-Sloss J) Landlord and Tenant - tenancy - determination of tenancy - whether landlord can refuse to accept possession because tenant breached the covenant to do repairs. The issue on this appeal was on the appellant’s/landlord’s refusal to

appeal failsDismissed2 min read

Judgment[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT

Appeal refusedDismissed8 min read

Judgment[1988] KECA 82 May 1988

Achacha Nyachienga v Ogowe s/o Oliech

Court of Appeal at KisumuJUDGE APPEAL,JUDGE OD APPEALCase number Civil Appeal 50 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (Coram:platt, Apaloo JJA &Masime Ag JA) CIVIL APPEAL NO 50 OF 1986 BETWEEN ACHACHA NYACHIENGA.................................APPELLANT AND OGOWE S/O OLIECH...................................RESPONDENT

appeal is dismissedDismissed3 min read