Judgment[1985] KECA 63
Kairu v Shaw & 3 others
Court of Appeal at Nairobi
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan Ag CJ, Kneller & Nyarangi JJA) CIVIL APPEAL NO. 21 OF 1985 KAIRU ………………………………..…….APPLICANT VERSUS SHAW & 3 OTHERS……………….....…RESPONDENT
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 Case
Republic of Kenya High Court, at Mombasa Civil Cases Nos 325 & 326 of 1978 Roba v Jarso Cases No cases referred to. Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.
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.
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.
Division and case type: CivilCivil Appeal
Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter J) Cases 1. Mwangi Githu v Livingstone Ndeete & Others, Court of Appeal No 4 of 1979 Referred 2.
Division and case type: CivilCivil Case
Attorney General v Saeed High Court, at Mombasa July 29, 1985 Aragon J Civil Case No 584 of 1977 July 29, 1985, Aragon J delivered the following Ruling. This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing of the plaintiff’s/applicant’s application filed in this court on 13.11.84 was stood over to 8.1.85 before the Duty Judge and the caveat lodged in respect of L R No.10445/3 situated in Nyandarua District was extended pending the disposa
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
Kenya Commercial Bank v Nyahururu Blocks & Iron Mongers High Court, at Nairobi April 15, 1985 Masime J Civil Case No 376 of 1978 April 15, 1985, Masime J delivered the following Ruling. On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered.
Division and case type: CivilCivil Case
Grinyamwaya v Nairobi City Commission High Court, at Nairobi March 28, 1985 Gachuhi J Civil Case No 1805 of 1984 Cases Obongo & Another vs Municipal Council of Kisumu [1971] EA p 91 at page 96 letter B Rookes v Barnard and others (1964) AC 1129 Kampala City Council v Nakaye [1972] E A 446 at page 448 Matthew Thimbara vs Athumani Singa and another H C C C 2141/82 (unreported) Statutes March 28, 1985, Gachuhi J delivered the following Judgment. The plaintiff a retired employee of the City Council
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CivilCivil Appeal
children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.