Case law
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Division and case type: CivilCivil Appeal
……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, Ag J A.…
Division and case type: CivilCivil Appeal
…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: “……………..…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCase number Civil Application
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…. ….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.…
Division and case type: CivilCivil Appeal
…March 10, 1988, Gachuhi JA delivered the following Judgment..…
…I would allow this appeal and set aside the judgment of the High Court in dismissing the plaintiff’s claim.…
Division and case type: CivilCivil Appeal
….….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff…
…By that judgment, the plaintiff’s claim was dismissed with costs to the defendant. The plaintiff was employed by the defendant as a bus conductor at a salary of Kshs 97 per month.…
Division and case type: CivilCivil Appeal
…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…
Division and case type: CivilCivil Appeal
….………… RESPONDENTS (Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Rauf J) dated 15th July, 1985 in Civil Case No 851 of 1985) JUDGMENT This is an interlocutory appeal by Hussein Mohammedali Jiwa, the…
…The plaintiff prayed for judgment against the defendants jointly and severally for: a temporary injunction to restrain the defendants from alienating, disposing off the land or registering any instrument or transaction over…
Division and case type: CivilCivil Appeal
…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…
Division and case type: CivilCase number Civil Application
…Such a ruling concerns the nature of the review process rather than the fact that there was a consent judgment. Notice of appeal was given on July 7, 1987. On July 9, copies of proceedings and ruling were bespoken.…
Division and case type: CivilCivil Appeal
…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…
…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…
Division and case type: CivilCivil Appeal
…The appeal so filed had been taken against judgment in favour of the original plaintiffs EA Drapers Limited and the original first defendant Combined Warehouse Limited.…
…(In view of paragraph 8 above, we are not certain why judgment was given for Kshs 230,538).…