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: CriminalCriminal Appeal
…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.…
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: CriminalCriminal Appeal
……………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.…
Division and case type: CriminalCriminal Appeal
…APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic................................................respondent 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
…. ….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
…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: 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: CriminalCriminal Appeal
….…..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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya Mombasa (Mr Justice J.F. Shields) dated 7th September, 1990 In H.C.CR.…
…APPEALS NOS 417, 498, 496 & 499 OF 1989) ******************************** JUDGMENT OF THE COURT As the appellant had pleaded guilty at his trial he had a right of appeal against sentence to the High Court which he duly exercised…
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: CriminalCriminal Appeal
…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: 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: CriminalCriminal Appeal
…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…
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.…