Judgment[1985] KECA 141
Esso Standard Kenya Ltd v Onesmus Kihara Mwangi
Court of Appeal at Nairobi
Case law
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Division and case type: CivilMiscellaneous Application
Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal – delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules. Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal o
Division and case type: CivilCivil Suit
Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal – delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules. Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal o
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA Highway Carriers Ltd v Mahrus High Court, at Mombasa May 12, 1985 Aragon J Civil Suit No 494 of 1976 May 12, 1985, Aragon J delivered the following Judgment. In October 1975 Tononoka Haulage Contractors agreed with a subsidiary of the United Nations organization called the World Food Programme to carry some drums of oil from Mombasa to Kigali in Ruanda.
Division and case type: CivilCivil Case
Kenya Commercial Bank v Nyahururu Blocks & Iron Mongers High Court, at Nairobi April 15, 1985 Masime J Civil Case No 376 of 1978 April 15, 1985, Masime J delivered the following Ruling. On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered.
Division and case type: CivilCivil Case
Grinyamwaya v Nairobi City Commission High Court, at Nairobi March 28, 1985 Gachuhi J Civil Case No 1805 of 1984 Cases Obongo & Another vs Municipal Council of Kisumu [1971] EA p 91 at page 96 letter B Rookes v Barnard and others (1964) AC 1129 Kampala City Council v Nakaye [1972] E A 446 at page 448 Matthew Thimbara vs Athumani Singa and another H C C C 2141/82 (unreported) Statutes March 28, 1985, Gachuhi J delivered the following Judgment. The plaintiff a retired employee of the City Council
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CivilCivil Appeal
children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Hancox & Kneller JJA CIVIL APPEAL NO. 56 OF 1981 BETWEEN CHARLES OLOO..................................................APPELLANT AND KENYA POSTS & TELECOMMUNICATIONS CORPORATION.................................................RESPONDENT (Appeal from the High Court at Nairobi, Nyarangi J)
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller JA) CIVIL APPLICATION NO NAI 33 OF 1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment
Division and case type: CivilCivil Suit
and Mr Jayantilal Shah of that firm took over his defence. He applied on October 11, 1982 for an order that his firm should cease to act for the defendant because it could get no further instructions in the suit from the defendant which the defendant said he had not alternative but to accept and it was all right if the firm did not wish to represent him.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA MWAURA GATHOGO MUKONO KARANJA .................………………………………………....................... PLAINTIFF VERSUS NEPATAO OLE PUNYUA................…………………………......................................
Division and case type: CivilCivil Appeal
On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each side, the award to be filed in court within 120 days. The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL SUIT NO 1786 OF 1984 ANASTASIA KAMENE CHEGE…………………………………………......................PLAINTIFF AND LAWRENCE NDUATI KIGUTA…………………………………………....................DEFENDANT