Court decisions & case law

Judgment[2009] KEHC 56819 November 2009

Judgment[1999] KECA 904 July 1999

GEORGE ROINE TITUS v JOHN P. NANGURAI

Court of Appeal at NairobiBosire,JUDGE APPEAL,MachiraCIVIL APPEAL NO. 259 OF 1997

Division and case type: CivilCivil Appeal

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

1 min read

Judgment[1997] KEHC 498 April 1997

ELIUS GACHII KARANJA v CONCORD INSURANCE COMPANY LIMITED

High Court at NairobiJUDGE APPEAL,judge High Court,Hamilton QCCIVIL CASE NO. 1426 OF 1993

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1426 OF 1993 ELIUS GACHII KARANJA .................................

9 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[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.

appeal allowedAllowed67 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[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

IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ………………………………..….. RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987)

17 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.

Application dismissedDismissed8 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[1988] KECA 5810 May 1988

Okong'o v Attorney-General & another

Court of Appeal at Kisumujudge High Court,Act,JUDGE APPEAL,WasunaCase number Civil Appeal 170 of 1986

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT

Appeal refusedDismissed8 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

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.

6 min read

Judgment[1986] KECA 8310 August 1986

Jitendra Brahmbhatt v Dynamics Engineering Ltd

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 92 of 1983

Division and case type: CivilCivil Appeal

For all the foregoing reasons, then, I would allow the appeal, I would set aside the learned judge’s order striking out the winding up petition and I would order that the petition should proceed to hearing subject to the Rules being complied with. I would not make any order regarding prayer five in the memorandum of appeal as regards the proposed further advertisements, and I agree that the notice of grounds for affirming the decision should be dismissed.

petition is set asideDismissed42 min read

Judgment[1984] KEHC 2023 April 1984

Republic v The Commissioner of Prisons Ex Parte Wachira

High Court at Nairobijudge High Court,Edward Akeng,Chunga,Kiraitu Murungi Mr,Kamau Kuria,Murungi Mr,Wachira,Oyugi,Reynolds,Kiraitu Murungi,MurungiCase number Miscellaneous Civil Case 60 of 1984

Division and case type: CivilCivil Case

Parliament at the next or any subsequent session. They therefore became invalid and detention orders made became null and void ab initio.

19 min read

Judgment[1984] KECA 443 April 1984

Morjaria v Abdalla

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 1 of 1982

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram:Hancox JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 1 OF 1982 BETWEEN MORJARIA.................................................................................APPELLANT AND ABDALLA...............................................................................RESPONDENT (In an appeal from the High Court at Nakuru, Mead J)

13 min read

Judgment[1984] KECA 515 March 1984

Samuel Mbugua Githere v Kimungu

Court of Appeal at NairobiJUDGE APPEAL,Martin Mati Muya,judge High CourtCase number Civil Application 56 of 1983

Division and case type: CivilCivil Case

IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made

10 min read