Case law
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Division and case type: CivilCivil Appeal
…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…
…The following is the relevant part of the judgment of the learned judge.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
Division and case type: CivilCivil Appeal
…NO. 4446 OF 1994) JUDGMENT Judgment of Gicheru, J.A. 1.…
…That was a second appeal from the judgment and decree of the District judge of Jhansi wo reversed the judgment and decree of Jhansi who reservised the judgment and decree of Musif of Jhansi.…
Division and case type: CivilCivil Appeal
…as I have earlier said, the same passage from Buckley LJ’s judgment in the Bryanston case.…
…In regard to the head five, the issue of mala fides, I have had the advantage of reading in draft the judgment of Kneller JA.…
Division and case type: CivilCivil Appeal
…Nyarangi J (as he then was) gave judgment for the respondent for specific performance, mesne profits and costs after formal proof.…
…Mead J refused to set aside these two judgments (on application before him on the ground of lack of service) on October 23, 1981, and it is from his decision that the substantive appeal is brought.…
Division and case type: CivilCivil Case
…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…
…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…
Division and case type: CivilCivil Appeal
…JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT…
…(Appeal from the Judgment and Decree of the High Court at Kisumu, Butler-Sloss J) May 11, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
…So the plaintiff prays for judgment for that sum as general damages.…
Division and case type: CivilCivil Appeal
…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…
Division and case type: CivilCivil Appeal
…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…
…The appeal from the judgment of Hon Mr Justice Bosire was in fact filed on the 13th March, 1987 and procedural impeding arose, i.e.…
Division and case type: CivilCivil Appeal
…APPELLANT AND BETH MBENE MWATHI GRACE WANJIRU MWATHI ........................RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Bosire) dated 24th June, 1992 in P & A 121 OF 1988) *******…
…********************** JUDGMENT OF THE COURT Ngugi Mwathi Wangige (the deceased) died on 9th March, 1987 at Nazareth Hospital aged 65.…
Division and case type: CivilCivil Case
…OF KENYA ATA NAIROBI MISCELLANEOUS CIVIL CASE NO 60 OF 1984 REPUBLIC ...............................................APPLICANT VERSUS THE COMMISSIONER OF PRISONS.................RESONDENT EX PARTE KAMONJI KANG’ARU WACHIRA JUDGMENT…
…April 24, 1984, Simpson CJ delivered the following Judgment.…
Division and case type: CivilCivil Case
…application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed him by telephone immediately after the judgment…
…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…
Division and case type: CivilCivil Appeal
…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…
…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…
Division and case type: CivilCivil Appeal
…………RESPONDENT (Appeal from the ruling of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 12th day of May, 1994 in HCCC No 1376 of 1994) ************************************ JUDGMENT Gachuhi JA.…
…In the leading judgment, - at page 671 Lord Esher MR stated: “To my mind there is no doubt that the proposition is true to its fullest extent, that no action lies for acts done or words spoken by a judge in the exercise of…