Judgment[2014] KESC 3
Case law
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Division and case type: CivilCivil Appeal
We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case for a proper interpretation of the constitutional status of County Assembly privileges, operating within the scheme of the separationofpowers doctrine. As it is clear to us that the respondents’ case rests on fundamental constitutional questions not yet interpreted, and which
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
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 ...…...………….…...
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
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL AT NYERI Civil Appeal 251 of 1996 1. JOSEPHAT MWANGI…………….................................……………………….APPELLANTS AND RUTH W.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 141 of 1996 IBRAHIM MULU M’INYINGI…………….……APPELLANT AND PETER M’ITABATHI……………...………….RESPONDENT (Appeal from a decree of the High Court of Kenya a MERU (Justice Ong’udi C.O) dated 19th October, 1995 IN H.C.C.A. 15 OF 1995) ***********************
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 216 of 1995 JULIUS KITHINJI NKANATA.........................................................1ST APPELLANT GERALD GIKUNDA NKANATA......................................................2ND APPELLANT AND M’NKANATA M’MUTUNGI...................................................................RESPONDENT (Appeal from the Order/ Ruling of the High Court of Kenya at Meru (Mr. Kuloba) dated 10th November, 1993 IN H.C.C.C.
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 …………………….....................................
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) *********************************
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.
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)
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
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT
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
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
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 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.
Division and case type: CivilCivil Appeal
On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each side, the award to be filed in court within 120 days. The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT