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[1996] KECA 19225 July 1996

Grindlays Bank International (K) Ltd & another v George Barbour

Court of Appeal at NairobiAragon,Lakha,JUDGE APPEAL,Deverell,Deverrell,KontosCase number Civil Application 108 of 1996

Division and case type: CivilCase number Civil Application

The present application which has been brought under Rule 4 of the Rules of this court, is for an order that the subject Notice of Appeal be deemed to have been served in time or for leave that it be served out of time. The dispute which is the subject of the Applicants' intended appeal, was heard and determined by the High Court as far back as 5th May, 1989.

6 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 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B. SHAH) CIVIL APPEAL 149 OF 1991 BETWEEN JOSEPHOCHIENG PHILIPKAFUANDE HENRY HEGGA (Trading as AQUILINE AGENCIES)…....................APPELLANTS VERSUS FIRST NATIONAL BANK OF CHICAGO.................

16 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[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

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