Court decisions & case law

both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders. The application is supported by the affidavit of JonahKip Ngeno, a State Counsel in Mombasa sworn on 24-9-98.

15 min read

Judgment[1996] KECA 2088 May 1996

Julius Wainaina Mwathi v Beth Mbene Mwathi & another

Court of Appeal at NairobiBosire,JUDGE APPEALCase number Civil Appeal 123 of 1992

Division and case type: CivilCivil Appeal

distributed in accordance with the law of intestacy but instead of leaving it at that, he proceeded to order that the appellant and the respondents, as the only surviving persons beneficially entitled to the deceased's estate, should share the suit land in equal shares. This part of the Judge's order cannot be sustained.

appeal succeedsAllowed6 min read

Judgment[1993] KEHC 16529 November 1993

Githunguri & another t/a Githunguri & Collins Architects v Kenya Railways Corporation

High Court at Nairobime they have raised the issue of the jurisdiction to entertain both the suit,application,relying on the arbitration clause,HoweverCase number Civil Suit 2461 of 1992

Division and case type: CivilCivil Suit

5 min read

Judgment[1993] KECA 8918 October 1993

Trouistik Union International & another v Mbeyu & another

Court of Appeal at NairobiBosire,Judge Court,JUDGE APPEALCivil Appeal 145 of 1990

Division and case type: CivilCivil Appeal

17 min read

Judgment[1992] KEHC 10630 March 1992

Kinji Ltd & Another v Kogo & Another

High Court at Mombasame on costs,GikandiCase number Civil Case 938 of 1991

Division and case type: CivilCivil Case

4 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.

Appeal allowedAllowed77 min read

Judgment[1987] KECA 21 April 1987

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

Court of Appeal at NairobiShields,Bosire,we ask Judges,disqualify JudgesCivil Appeal 31 of 1987

Division and case type: CivilCivil Appeal

6 min read

Judgment[1985] KEHC 427 February 1985

Ngeyma v Akamba Public Service

High Court at MombasaHis,AllCivil Case No 1034 of 1983

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.

11 min read

Judgment[1985] KEHC 1247 February 1985

Ngeyma v Akamba Public Service

High Court at MombasaHis,AllCase number Civil Case 1034 of 1983

Division and case type: CivilCivil Case

11 min read