Case law
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Division and case type: CriminalCriminal Appeal
…The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contrary to section…
Division and case type: CivilCivil Appeal
…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…
…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…
Division and case type: CriminalCriminal Appeal
…Mr Chung, the DPP contended that the separate unlawful acts of the appellant are so inter-related as to constitute a continuous taking.…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…As the termination of Plaintiff’s services from 30.12.83 was unlawful and he was reinstated on 1.1.86, the Defendant Corporation was bound to pay to him his salary, allowances and other benefits for these two (2) years and…
…It will have been gathered from the foregoing, that Mr Muthike (the Plaintiff) had been employed by the Defendant Corporation as a Senior Administration Officer until 31st December, 1983 when the Defendant Corporation unlawfully…
Division and case type: CivilCivil Appeal
…only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages for unlawful…
…dismissal and to prove it was unlawful, producing the documents about the health of his daughter, and his own, and the need to be right here in Nairobi next door to their irreplaceable medical experts, and then, by the time…
Division and case type: CriminalCriminal Appeal
…Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful…
…The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”.…
Division and case type: CivilCivil Appeal
…In the 1995 suit, he held similarly, that the respondent had the onus to prove that the distress was unlawful, that there was no relationship of landlord and tenant, that he was occupying the suit property as beneficial owner…
…thereof and that he had suffered loss and damage by unlawful distress.…
Division and case type: CriminalCriminal Appeal
…Court of Tanzania in Mwakapesile v Republic [1965] EA 407 with which we respectively agree in which it was held that where there is a single complex of offences connected in kind and time it is undesirable although not unlawful…
Division and case type: CivilCivil Appeal
…If at the time of making the contract there is and intent to perform it in an unlawful way, the contract, although it remains alive, is unenforceable at the suit of the party having that intent; if the intent is held in common…
Division and case type: CivilCivil Appeal
…remains in possession of the land after the expiration or other lawful determination of the lease, the council may serve on the lessee a notice specifying the rent in arrear, or the covenant or condition broken, or the unlawful…
…remains in possession of the land after the expiration or other lawful determination of the licence, the Council must serve on the licensee a notice specifying the fees or royalties in arrears, or the condition broken, or the unlawful…
Division and case type: CriminalCriminal Appeal
…The urging and submission on the last ground of appeal was that the sentence is unlawful.…
Division and case type: CivilCivil Appeal
…(iii) The Applicant has paid all lawful levies, taxes and charges in respect of the sugar consignment and the Respondent’s refusal to release the consignment to the applicant is therefore unlawful, capricious, oppressive,…
…Fred Ngatia, which advise I verily believe to be true and correct, that the Respondent’s said detention of the Applicant’s sugar cargo is in contempt of court and unlawful for the following reasons: - i.…
Division and case type: CivilCivil Appeal
…In any case, failure to hold an annual meeting as prescribed by the Act, is a breach of the law and advantage cannot be taken of such an unlawful act.…
…Whether the annual meeting next due after his election is held or not will not affect the position otherwise, an incumbent mayor through the postponement of annual meetings, may take unlawful advantage of the breach of the…
Division and case type: CriminalCriminal Appeal
…volition he went along with the rest of the group knowing (if the statement is to be believed) that firearms would be necessary to accomplish the purpose envisaged, which, even if not murder at its inception, was clearly an unlawful…
…However, that was a decision on common intent and it was held that the fact that the appellants were acting under orders which were obviously unlawful could not have the effect of relieving them from criminal responsibility…