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…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…

…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…

…CRIMINAL APPEAL NO. 107 OF 1995 BETWEEN PHILIP MUNYAO MBUVI………………APPELLANT AND REPUBLIC………………………………RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 21st February, 1994 IN H.C.CR…

…NO. 12 OF 1991) JUDGMENT OF THE COURT The appellant was originally charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code.…

…Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.…

…Amongst the grounds of appeal put forward by the appellant in the superior court was the g round that the judgment of the district magistrate did not comply with the provisions of the Criminal Procedure Code – see section…

…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…

…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…

…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…

……………RESPONDENT JUDGMENT OF THE COURT The appellants, Hamisi Bakari and Rukia Dzeri were charged with burglary and theft contrary to sections 304(2) and 279(b) of the Penal Code.…

…The passage quoted from the judgment shows that the learned magistrate had every aspect of the second limb to mind.…

…APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic................................................respondent Judgment…

…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…

…The appellant who was a defendant in the Superior Court, filed an appeal against the judgment of the Superior Court contending that the deceased who was the victim of the suit accident was only six years so as to entittle…

…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…

…a perfectly valid judgment.…

…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Waki & Tuitui, Commissioner of Assize) dated 3rd December, 2001 in H.C.CR.A.…

…NO. 60 OF 1999) ***************** JUDGMENT OF THE COURT: The Republic never supported the conviction of the appellant in the High Court. They still do not do so in this Court.…

…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…which he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…

…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…

…SALIM AL AMODY....................................................RESPONDENTS (Appeal from judgment of the High Court of Kenya at Mombasa (Mr Justice J F Shields) dated 12/9/1990 in HCCC No 323 of 1987) ******************…

…**************** JUDGMENT This is an appeal from the judgment and orders of the superior court (Shields J) dated the 12th September, 1990 in HCCC Case No 323 of 1987.…

…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

….…..RESPONDENT (Appeal from a conviction, judgment, of the High Court of Kenya at Mombasa (Mr. Justice Waki) dated 9th May, 1997 in H.C.CR.…

…In the course of their very short judgment the learned Judges said:- “The drugs in question were found in the house which the appellants had visited.…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…

…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Mombasa, Apaloo J) July 26, 1988, Gachuhi, Masime JJA & Kwach Ag JA delivered the following Judgment, Karaton Ole Lesarau, the appellant, was charged with the…

…In our judgment the identification evidence in this case was of a very poor quality thus making the danger of mistaken identity even greater.…