Court decisions & case law

Judgment[2008] KEHC 25328 December 2008

BLUESHIELD INSURANCE CO. LTD v SAMUEL NYAGA NGURUKIRI

High Court at Nairobitrial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle,He,NjiruCase number Civil Appeal 860 of 2004

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 860 of 2004 BLUESHIELD INSURANCE CO. LTD……...…APPELLANT VERSUS SAMUEL NYAGA NGURUKIRI…..…………..RESPONDENT J U D G M E N T 1.

9 min read

Judgment[2006] KECA 3807 December 2006

Aberdare Freight Services Ltd v Kenya Revenue Authority

Court of Appeal at NairobiJUDGE APPEAL,Abdulrehman Hemed Mohamed,Fred Ngatia,Francis Thuranira,Mohamed,Thuranira,Otiende Amollo,Ismail Jillo Dajissa,Dajissa,Shah,Frederick Ngatia,Ngatia,Ontweka,Mogaka,

Judgment[1997] KECA 19620 October 1997

Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996

Division and case type: CivilCivil Appeals numbered

& Pall JJ.A) on the 22nd day of May, 1997 as, in both the appeals, the date on the copy of the orders appealed against did not coincide with the date of the order and as the order appealed against appeared to have been certified on a date subsequent to the filing of the appeal. For record purposes the applicant in both applications before me is the same party, that is, Machakos Ranching Company Limited but the respondents are different.

4 min read

Judgment[1997] KECA 1925 May 1997

MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED v PHILIP NZUKI KIILU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Mwangangi,LakichaCivil Appeal No. 182 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.

1 min read

Judgment[1997] KECA 3156 March 1997

BONIFACE MUSYOKA NDOLO v PAULINE KATONGE MUSAU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCIVIL APPEAL NO. 34 OF 1996

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High Court of Kenya at Machakos (Justice Osiemo) delivered on 29th November, 1995 IN H.

appeal is allowedAllowed2 min read

Judgment[1997] KECA 476 March 1997

Boniface Musyoka Ndolo v Pauline Katonge Musau

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCase number Civil Appeal 34 of 1996

Division and case type: CivilCivil Appeal

appeal is allowedAllowed2 min read

Judgment[1996] KECA 515 December 1996

Mutemi Shadrack K. Ndegwa v Philip Munyao Ngumbi

Court of Appeal at NairobiOsiemo,JUDGE APPEALCase number Civil Appeal 5 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K.

1 min read

Judgment[1996] KEHC 3515 July 1996

KIVANDI MUKUSYA v MUTUNGA MATHEKA

High Court at MachakosOsiemo,Muendo,Nzei,Muendo applicant Mrs,Muthusi appeared Dr,Mutunga,MuthusiCase number Civil Appeal 18 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Civil Appeal 18 of 1985 KIVANDI MUKUSYA……………………………………………..........…….APPELLANT VERSUS MUTUNGA MATHEKA…………………..…………………......………..RESPONDENT (From Original Civil Appeal L. 115 of 1978 o Senior Resident Magistrate at Machakos) Coram: J.

suit dismissedDismissed

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.

Judgment[1988] KECA 11428 September 1988

Kimakia Co-operative Society v Green Hotel

Court of Appeal at NairobiJUDGE APPEAL,HeCase number Civil Appeal 38 of 1986

Division and case type: CivilCivil Appeal

power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.

14 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[1988] KEHC 472 March 1988

Syan v Sunset Hotel Ltd

High Court at NairobiHeCase number Civil Case 1271 of 1979

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYAAT NAIROBI CIVIL CASE No. 1271 OF 1979 SYAN..................................................................APPELLANT VERSUS SUNSET HOTEL LTD...................................RESPONDENT

10 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.

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?

Appeal dismissedDismissed28 min read