Court decisions & case law

Judgment[1997] KECA 37027 July 1997

Boniface Njoroge v Republic

Court of Appeal at NairobiTank,JUDGE APPEALCase number Criminal Appeal 125 of 1990

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.) CRIMINAL APPEAL NO. 125 OF 1990 BETWEEN BONIFACE NJOROGE..................................APPELLANT AND REPUBLIC................................................RESPONDENT (Appeal from a sentence of the High Court of Kenya at Nairobi (Justice Tank) dated 10th May, 1989 in H.C.CR.A.

1 min read

Judgment[1997] KECA 32913 May 1997

EDWARD RIITHO & 3 OTHERS v EDWARD RIITHO

Court of Appeal at NairobiAluoch,JUDGE APPEAL,Akhaabi

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.

3 min read

Judgment[1996] KECA 16824 June 1996

Zakayo N. Ngugi v G.K. Kinuthia

Court of Appeal at NairobiTank,JUDGE APPEALCase number Civil Appeal 157 of 1992

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 157 OF 1992 BETWEEN ZAKAYO N.

2 min read

Judgment[1996] KECA 4621 April 1996

Benson Mbugua Kahiro v Republic

Court of Appeal at NairobiTank,JUDGE APPEAL,GrossCase number Criminal Appeal 57 of 1996

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.

1 min read

Judgment[1996] KECA 6810 January 1996

Agip (Kenya) Limited v Appollos Kennedy Mwangi T

Court of Appeal at NairobiJUDGE APPEAL,It,KonosiCase number Civil Appeal 166 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 166 OF 1995 AGIP (KENYA) LIMITED…………...................………….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C.

12 min read

Judgment[1995] KECA 13213 March 1995

Francis Wainaina v Kenya Commercial Finance Company Limited

Court of Appeal at NairobiAluoch,judge High Court,JUDGE APPEALCase number Civil Appeal 116 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with

appeal failsDismissed14 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.

appeal is dismissedDismissed17 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest. She adjourned the application to 26th April 1994 for hearing inter partes.

appeal failsDismissed62 min read

Judgment[1993] KECA 8419 December 1993

Gateway Insurance Company Limited v Paul Kamau Waithaka

Court of Appeal at NairobiTank,JUDGE APPEALCase number Civil Appeal 33 of 1993

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Muli & Tunoi JJ A) CIVIL APPEAL NO 33 OF 1993 GATEWAY INSURANCE COMPANY LIMITED ….....….….APPELLANT VERSUS PAUL KAMAU WAITHAKA …….……………….………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992)

11 min read

Judgment[1988] KECA 11428 September 1988

Kimakia Co-operative Society v Green Hotel

Court of Appeal at NairobiJUDGE APPEAL,HeCase number Civil Appeal 38 of 1986

Division and case type: CivilCivil Appeal

power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.

14 min read

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?

Appeal dismissedDismissed28 min read