Case law
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Division and case type: Constitutional and Human RightsPetition
…The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO HC DIVORCE NO. 11 OF 2006 A.C.K................................................PETITIONER VERSUS B.K................................................RESPONDENT JUDGMENT…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
…Interest on amounts to be ascertained by court are normally awarded from the date of judgment. In this case interest is awarded from the date of judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: CivilMiscellaneous Application
…The applicant has explained that the delay in filing the appeal was due to the delay in obtaining the proceedings and judgment from the Lower Court even though the same were applied for in time.…
…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…
Division and case type: CivilMiscellaneous Application
…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
Division and case type: CivilMiscellaneous Application
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment.…
Division and case type: CivilMiscellaneous Application
…KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay of execution pending an intended appeal from a judgment…
Division and case type: CivilMiscellaneous Application
…August 9, 1985, Gachuhi J delivered the following Judgment.…
…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…
Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: CivilMiscellaneous Application
…It is, therefore, clear that as at 20 May, 1998 the proceedings and judgment were ready for collection and, in my view, that is the date on which time commenced to run.…
…Nor does Rule 85 of the Rules relating to compilation of the record of appeal require the proceedings or the judgment to be certified.…
Division and case type: CivilMiscellaneous Application
…If objection is then made, it will be the duty of the judge to consider the objection and exercise his judgment upon it.…
…Once a judgment is delivered it states the law and becomes binding at once. No judge can refuse to follow it as being incorrect.…
Division and case type: CivilMiscellaneous Application
…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…
…14 OF 1982) RULING I recognize the force of that which Mr Munikah says, namely that the first appellant, who was the one who apparently gave the instructions, went out of the country knowing that Judgment was imminent.…
Division and case type: CivilMiscellaneous Application
…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…
…Consequently ex parte judgment in default of defence was entered on the application of the respondent, Diamond Trust Bank Kenya Ltd.…
Division and case type: Constitutional and Human RightsPetition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…A party brings an action based on an assessment for breach is neither entitled to judgment on a normal suit or to a winding up order in a petition. MWATSAHU Vs. MARO [1967] EA 42.…
…A case where the plaintiff obtained judgment in default of defence for an amount which included the costs of repairing a car.…
Division and case type: Anti-CorruptionPetition
…The principles governing the setting aside of Consent Orders/Judgments were set out in the case of Flora Wasike vs Destimo Wamboko [1982-88] 1 KAR 627, which can be summarized thus; i.…
…A consent judgment can only be set aside on the same grounds as would justify the setting aside of a contract, for example fraud, mistake or misrepresentation; ii.…
Division and case type: Constitutional and Human RightsPetition
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: Constitutional and Human RightsPetition
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: CivilMiscellaneous Application
…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…