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
…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT AND MUNSHIRAM & COMPANY LIMITED....................RESPONDENT (Appeal from the Judgment of the…
Division and case type: CivilCivil Appeal
…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…
…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…
Division and case type: CivilCivil Appeal
….RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT…
…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…
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
…NO. 4972 OF 1987) ***************************************** JUDGMENT OF THE COURT This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement…
…Mutula Kilonzo Company sought orders of the superior court to enter Judgment in that only if there was a proper assignment by the client to the advocate, could the advocate seek payment and to say so he relied on section…
Division and case type: CivilCivil Appeal
…. …..RESPONDENTS (Appeal from the judgment and decree of the High Court of Kenya at Machakos (Hon. Mr. Justice J. L. A. Asiemo) dated 17th May, 1995 IN H. C. C. C.…
…NO. 170 OF 1994 ********************* JUDGMENT OF THE COURT Margaret Wambui Kihara (hereinafter referred to as “the deceased”) was knocked down by a motor vehicle registration number KQE 829, the property of Gerald Mbale…
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 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 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
…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 Appeal
…The circumstances in which a consent judgment may be interfered with were considered by this Court in Hirani v.…
…Kassam (1952), 19 E.A.C.A. 131, where the following passage from Seton on Judgments and Orders, 7th Edn., Vol.…
Division and case type: CivilCivil Appeal
…NO. 221 OF 1990 ********************** JUDGMENT OF THE COURT The appellant was, at all material times, employed by the respondent, Kenya Grain Growers Cooperative Union Limited (K.G.G.C.U.).…
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
…………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…
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 Appeal
…NO. 3818 of 1985) **************************** JUDGMENT OF SHAH. J.A. On 20th March, 1989 the late Mr.…
…Lord Donovan delivering the judgment of court in Perestre1lo case (supra) said at page 486 G: "What amounts to a sufficient averment for this purpose will depend upon the facts of the particular case, but a mere statement…