Court decisions & case law

Judgment[1988] KECA 10118 January 1988

Mugogo v Sihowa

Court of Appeal at Kisumu

Judgment[1988] KECA 11731 December 1987

Mediterranean Shipping Co SA v Wheat Board of Kenya the MV Pantera

Court of Appeal at Board Of Kenyaquoted Lord Herschell,JUDGE APPEALCase number Civil Appeal 49 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: MASIME JA, GICHERU & KWACH Ag JJA) CIVIL APPEAL NO 57 OF 1985 BETWEEN MEDITERRANEAN SHIPPING CO SA...................................................... APPELLANT AND KENYA ALLIANCE INSURANCE WHEAT BOARD OF KENYA THE MV PANTERA.................................

26 min read

Judgment[1987] KECA 2929 November 1987

Richard Saidi v Sembi Motors

Court of Appeal at KisumuCase number Civil Appeal 130 of 1986

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 130 OF 1986 RICHARD SAIDI ………………..…….APPELLANT V SEMBI MOTORS…………….……RESPONDENT

2 min read

Judgment[1987] KECA 6923 November 1987

Shadrack Arap Baiywo v Bodi Bach

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 122 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO 122 OF 1986 SHADRACK ARAP BAIYWO ………………………… APPELLANT VERSUS BODI BACH ………………………………….........…..RESPONDENT (Appeal from the High Court at Kisumu, Butler-Sloss J)

appeal failsDismissed14 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[1987] KECA 789 July 1987

Bananahill Investment Ltd v Panafrican Bank Ltd & 2 others

Court of Appeal at NairobiJUDGE APPEAL,Kimani GachathiCase number Civil Appeal 68 of 1986

Division and case type: CivilCivil Appeal

aspect is that the bank has not stated in any affidavit that it would be prepared to pay damages of the order of Kshs 20,000,000. These days the World Bank is not necessarily a password for financial liquity.

application is refusedDismissed22 min read

Judgment[1987] KECA 2130 June 1987

Patel v Singh

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 64 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 64 OF 1985 PATEL …………….…..............…….APPELLANT VERSUS SINGH ………..……………….....…..DEFENDANT

appeal failsDismissed6 min read

Judgment[1987] KEHC 8122 June 1987

National Drycleaners Ltd & another v Ndune

High Court at NairobiSimpson,Brettcivil appeal No 79 of 1979

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL APPEALS NO 79 & 80 OF 1987 NATIONAL DRYCLEANERS LTD & ANOTHER …..…….……APPELLANTS VERSUS NDUNE……………………………………….....….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application in civil appeal No 80 of 1987. I heard the applications on 16th June, 1987 and in view of the urgency of the m

9 min read

Judgment[1987] KECA 6314 May 1987

Otieno v Ougo & another

Court of Appeal at Nairobijudge rejected Wamboi Otieno,England,JUDGE APPEALCivil Appeal 31 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO. NAI 18 OF 1987 OTIENO……………………………… APPLICANT VERSUS OUGO & ANOTHER….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J)

1 min read

Judgment[1987] KECA 8429 April 1987

Aloyce Mariera v Kenya Bus Ser v ices (Msa) Ltd

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 92 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J)

17 min read

Judgment[1987] KECA 7414 April 1987

Karanja v Inter Continental Hotel & another

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 38 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL, AT NAIROBI (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO. 38 OF 1985 KARANJA …………………………………………………….APPELLANT VERSUS INTER CONTINENTAL HOTEL & ANOTHER….......…..RESPONDENTS

appeal failsDismissed12 min read

Judgment[1987] KECA 21 April 1987

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

Court of Appeal at NairobiShields,Bosire,we ask Judges,disqualify JudgesCivil Appeal 31 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.

6 min read

Judgment[1987] KECA 5124 March 1987

Michael A O Mashere v Rotas Makokha Walusala

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 95 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….

6 min read

Judgment[1987] KECA 318 February 1987

Simon Odinga v Charles Sande

Court of Appeal at KisumuCase number Civil Appeal 108 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 108 OF 1985 SIMON ODINGA……………………………………APPELLANT V CHARLES SANDE….………………….………..RESPONDENT

appeal failsDismissed5 min read

Judgment[1987] KECA 7111 January 1987

Joash Ochieng Ougo & another v Virginia Edith Wambui Otieno

Court of Appeal at Nairobijudge January,JUDGE APPEALCase number Civil Appeal 3 of 1987

Division and case type: CivilCivil Appeal

The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal. The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte injunction against the appellants without giving the appellants the benefit of a hearing inter partes; (2

appeal succeedsAllowed9 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

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)

appeal is allowedAllowed12 min read

Judgment[1986] KECA 6620 October 1986

Abdalla Hussein Kilo v Kombo Kassim Omar & another

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 49 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (Coram: Hancox, Nyarangi and Platt, JJ A) CIVIL APPEAL NO 49 OF 1984 BETWEEN ABDALLA HUSSEIN KILO………………………………….……….. APPELLANT AND KOMBO KASSIM OMAR IDA-SA-GODANA RANCHING CO-OP SOCIETY…....……….…RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of reading in draft the judgment of Platt,

13 min read

Judgment[1986] KECA 727 October 1986

Bakshish Singh & Brothers v Panafric hotels Limited

Court of Appeal at NairobiMasime,Chesoni,JUDGE APPEAL,EsmailCase number Civil Appeal 5 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 5 OF 1984 BETWEEN BAKSHISH SINGH & BROTHERS ………….………...............…………….. APPELLANTS AND PANAFRIC HOTELS LIMITED ………..…………….....................…………..

appeal is allowedAllowed15 min read

Judgment[1986] KECA 939 September 1986

ADOLFO GITANGA WAKAHIHIA & FOUR OTHERS v MWANGI THION’GO

Court of Appeal at NyeriJUDGE APPEALCase number Civil Appeal 58 of 1985

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.

11 min read

Judgment[1986] KECA 211 September 1986

Jabane v Olenja

Court of Appeal at KisumuSchofield awarded Highstone Butty,Schofield,JUDGE APPEALCivil Appeal 2 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO. 2 OF 1986 BETWEEN MOHAMED MAHMOUD JABANE............................................................APPELLANT AND HIGHSTONE BUTTY TONGOI OLENJA................................................RESPONDENT JUDGMENT OF HANCOX JA.

appeal is allowedAllowed24 min read