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…APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment…

…AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT AND MUNSHIRAM & COMPANY LIMITED....................RESPONDENT (Appeal from the Judgment of the…

….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…

…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…

…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

….RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT…

…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…

…. ………………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice V.V. Patel) dated 31st May, 1995 IN H.C.CR.A.…

…NO. 398 OF 1994) ************************** JUDGMENT OF THE COURT The appellant's appeal in the superior court was against sentence having abandoned his appeal to that Court against conviction.…

…NO. 4972 OF 1987) ***************************************** JUDGMENT OF THE COURT This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement…

…Mutula Kilonzo Company sought orders of the superior court to enter Judgment in that only if there was a proper assignment by the client to the advocate, could the advocate seek payment and to say so he relied on section…

…. …..RESPONDENTS (Appeal from the judgment and decree of the High Court of Kenya at Machakos (Hon. Mr. Justice J. L. A. Asiemo) dated 17th May, 1995 IN H. C. C. C.…

…NO. 170 OF 1994 ********************* JUDGMENT OF THE COURT Margaret Wambui Kihara (hereinafter referred to as “the deceased”) was knocked down by a motor vehicle registration number KQE 829, the property of Gerald Mbale…

….................................. 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension of time to file Notice of Appeal out of time in an intended appeal from a Judgment…

…NO. 19 OF 1994) ********************** JUDGMENT OF THE COURT The appellant pleaded guilty to the lesser charge of manslaughter, Musa Bukhuru whom he killed was his work-mate at the Carnivore Restaurant.…

…The circumstances in which a consent judgment may be interfered with were considered by this Court in Hirani v.…

…Kassam (1952), 19 E.A.C.A. 131, where the following passage from Seton on Judgments and Orders, 7th Edn., Vol.…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…NAI 8 OF 1997 (NYR 5/97) BETWEEN CHARLES WANJAU KARIMI.....................................APPLICANT AND REPUBLIC.................................................RESPONDENT (Appeal from a conviction and judgment of the High…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…The case was then heard and on 20th May 1994 Githinji J delivered judgment which has given rise to the present appeal.…

…In my judgment this appeal succeeds only on this one ground. I had the advantage of reading in draft the judgments of my Lords Kwach and Akiwumi and I am in entire agreement with them.…

…NO. 3818 of 1985) **************************** JUDGMENT OF SHAH. J.A. On 20th March, 1989 the late Mr.…

…Lord Donovan delivering the judgment of court in Perestre1lo case (supra) said at page 486 G: "What amounts to a sufficient averment for this purpose will depend upon the facts of the particular case, but a mere statement…