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…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…

…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…

…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…

…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…

…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…

….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…

…The applicant became aware of the judgment after it had been passed. It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…

…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…

…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…

…Editorial Note Section 3(1) of the Judicature Act was erroneously cited as section 3(3) in the original judgment.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT JUDGMENT (Appeal…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…

…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…

…On the same day a judgment was entered by the Court on the terms of that letter.…

…The trial judge gave summary judgment on the claim in favour of the respondent and rejected the appellant’s claims.…

…He went on to enter judgment for the respondent against the appellant for the sum of Kshs 235,470.30 together with interest at 12% a year from April 17, 1981 until judgment and thereafter at 12% a year until payment in full…

…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…

…I would not review or vacate the judgment on this ground either.…

…The judgment sum therefore came to Shs 7,000/=. Each party was ordered to bear its own costs. There are sixteen grounds of appeal.…

…Apart from the judgment sum awarded by the High Court he is therefore also entitled to salary for the months he had remained unemployed.…

….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

….…………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Meru (Justice S. O. Oguk) dated 12th July, 1990 in H.C.C.A.…

…It is not clear whether or not after the applicant's appeal in the High Court at Meru was dismissed judgment was entered in terms of the award notwithstanding that the respondent proceeded as if that was so and acquired 3…

….…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987) JUDGMENT Nairobi Bus Union, the appellant herein, is a public transport…

…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…

…The defendant then applied for a review of the judgment on October 29, 1986, which process commenced on December 9, 1986 and ended successfully on January 13, 1987.…

…But then if Cockar J’s judgment on the first assessment of damages held good, there could hardly have been an appeal.…

…WANG'ONDU.........................RESPONDENT (An appeal from the judgment of Hon Mr Justice Mbogholi-Msagha delivered on 18th March, 1988 in HCCC No 2556 of 1986) ************************** JUDGMENT This is an appeal and…

…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…Such help as he thought he could get was from the majority judgment in the Hintz case. Now, what is the ratio of the judgment in that case?…

…We think, with respect, both concepts were confused in the majority judgment. The difficulty of the majority judgment can be shown by the following illustration.…