Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: FamilySuccession Cause
…Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error in the judgment and the court to extent the time within which the sum calculated is to be deposited in an interest…
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
Division and case type: CriminalCriminal Appeal
…The interest of the prosecutor in the land was historically of a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that although this witness was not cross examined by the appellant, the magistrate allowed prosecutor to reexamine the witness, who said that he arrived at Machakos Police Station at 2.00 pm.…
…Under crossexamination Mutunga said that he did not bother to know the price of bhang because he had no interest.…
Division and case type: CriminalCriminal Appeal
…For the foregoing purpose interest of justice, it is desirable that the case be re-retried before some judge. It follows that the convictions are queried and the sentences set aside.…
Division and case type: CriminalCriminal Appeal
…(ii) whether there are exceptional or unusual circumstances upon which the court can conclude that it is in the interest of justice to grant bail. This was the decision of the court of Appeal in JUVRAJ SHAR v.…
Division and case type: CriminalCriminal Appeal
…We allow this appeal and set aside the conviction and sentence and in the interest of justice we order an expeditious retrial before any other judge of the High Court. These are our orders.…
Division and case type: FamilySuccession Cause
…The persons shown as having an interest in the estate and who did not object to the grant being made to the respondents were: 1. Dora Amelea Awino 2. John Samuel Okoth 3. Janet Auma 4.…
Division and case type: CriminalCriminal Appeal
…In the circumstances, it is in the interest of justice that the appellant be retried. For the above reasons, I allow the appeal, quash the conviction and set aside the sentence.…
Division and case type: FamilySuccession Cause
…It is in the interest of all concerned that this petition and all the pending applications be disposed of as soon as possible.…
Division and case type: FamilySuccession Cause
…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…
Division and case type: CriminalCriminal Appeal
…The learned judge in his note on the sentence he chose included these phrases:– “Considering, therefore, all these circumstances, it would not be in the interest of justice to let accused {go} scot free under the pretext…
Division and case type: FamilySuccession Cause
…The respondent further in his affidavit claim that it is unfathomable that the applicant can seek injunctive orders against myself, yet he is protecting the interest of his grandchildren who are orphans.…
…Is the applicant entitled to obtain an interlocutory injunction against the interest party? The provisions for are laid out in Order XXXIX of the Civil Procedure Rules.…
Division and case type: FamilySuccession Cause
…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…
Division and case type: CriminalCriminal Appeal
…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…
Division and case type: CriminalCriminal Appeal
…The conspiracy indeed may merge with the offence 2.To this general rule there are exceptions, as for instance:- a)Where it is in the interest of justice to present an overall picture, which a series of relatively small substantive…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…
Division and case type: CriminalCriminal Appeal
…satisfactory trial” see also Braganza v R [1957] E A 152 Pyrall M Bassan v R, [1960] EA 854 and George Karanja Mwangi & others v R Criminal Appeal No 132 of 1983 (unreported) A re-trial may also be ordered if it is in the interest…
Division and case type: CriminalCriminal Appeal
…counts and sentenced to serve six years and five years respectively on counts 1 and 2 the jail terms being ordered to run concurrently; he was also ordered to effect restitution to the complainants of the sum stolen plus interest…
Division and case type: CriminalCriminal Appeal
…It is difficult to sympathise with Inspector Benjamin Wambura that it appeared odd to him that J’s mother acted with excessive interest.…
Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…