Case law
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Division and case type: CivilCivil Case
…As was held by the former Court of Appeal for Eastern Africa in the case of Brooke Bond Liebig Ltd vs Mullya [1975] EA 266 some of the circumstances in which a consent judgment can be interfered with is “if consent was given…
Division and case type: CivilCivil Case
…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…
Division and case type: CivilORIGINATING SUMMONS
…Shigoli & Another and the Court of appeal Civil Application No. 253/92. I find that the law does not empower the returning officer to extend or vary the time stipulated.…
Division and case type: CivilCivil Case
…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…
Division and case type: CivilCivil Case
…exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court…
…of Appeal in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Gicheru & Kwach JJ A ) CIVIL APPEAL NO. 132 OF 1993 BETWEEN 1. LALI S. LALI 2. FAQIK K. SKEKUWE 3. KHALID B. MBERE 4.…
Division and case type: CivilCivil Appeal
…Kanji v Agriquip Agencies (EA) Ltd Court of Appeal, at Nairobi February 20, 1984 Potter, Kneller JJA & Chesoni Ag JA Civil Appeal No 55 of 1982 Commercial Instruments - promissory notes - bills of exchange - cheques - definition…
…Later, another bench of the Court of Appeal held that this would be where there was ‘a very real issue’ to be tried between the parties.…
Division and case type: CivilCivil Appeal
…In the case of Bashir Ahmed Butt v Uwais Ahmed Khan (1982 – 88) IKAR 1 (1981) KLR 349 the Court of Appeal held that: “It would need a great deal of persuasion before imputing contributory negligence to the child aged 8 years…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi & Masime JJA) CIVIL APPEAL NO 38 OF 1986 Between KIMAKIA CO-OPERATIVE SOCIETY ........................APPELLANT AND GREEN HOTEL.....................................…
Division and case type: CivilCivil Case
…Edward Onyango Oganda, Civil Appeal No.27 of 1992 (unreported), the Court of Appeal said:- "The rule of national justice have no application to a simple contract of employment, unless the parties themselves have specifically…
Division and case type: CivilCivil Case
…It was held by the Court of Appeal that no suit lies against the Government in respect of acts done in the discharge or purported discharge of judicial functions.…
Division and case type: CivilCivil Suit
…The said case of Leary vs National Union of Vehicles Builders was followed by Kneller JA in our Court of Appeal Civil Application NAI 41 of 1986 Teresa Shitaka vs Mary Mwamodo and 4 others (unreported).…
Division and case type: CivilCivil Appeal
…We were invited to examine the entire evidence as the House of Lords did in I Congresso del Partido, [1981] 2 ALL E.R. 1064 (H.L.) and also as was done by the English Court of Appeal in The Evpo Agnic, [1988] WLR 1090 and…
…After we heard the appeal the court was of the unanimous view that the appeal should be allowed and we did so reserving our reasons. I now give my reasons for judgement.…
Division and case type: CivilCivil Appeal
…Mungai [1995] eKLR Neutral citation: [1995] KECA 165 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL 85 OF 1990 AM AKIWUMI & AA LAKHA, JJA OCTOBER 18, 1995 BETWEEN GK MACHRIA .......................…
Division and case type: CivilCivil Appeal
…Yalwala v Indumuli & another (Civil Appeal 69 of 1987) [1989] KECA 51 (KLR) (14 March 1989) (Judgment) Yalwala v Indumuli & another [1989] eKLR Neutral citation: [1989] KECA 51 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
Division and case type: CivilMiscellaneous Application
…The Attorney -General Nairobi Court of Appeal, Civil Appeal No. 152 of 1986 (unreported said that: "There is a presumption in the interpretation of statutes that rules of natural justice will apply."…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAKURU (CORAM: HANCOX, NYARANGI JJA & PLATT Ag JA) CIVIL APPEAL NO. 79 OF 1982 BETWEEN DAVID STEPHEN GATUNE........................................APPELLANT AND THE HEADMASTER, NAIROBI TECHNICAL…
Division and case type: CivilCivil Appeal
…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
…In the early case of Chatenay v Brazilian Submarine Telegraph Co [1891] 1 QB 79 the Court of Appeal was called upon to consider a power of attorney executed by the plainti in Brazil, in the Portuguese language directed to…
Division and case type: CivilCivil Case
…The Court of Appeal in England dealt with a situation more or less similar to that in the instant case, in the case of Meek –vPort of London Authority (1918) Ch D 96 Swinfen.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox ,Nyarangi, JJ.A. and Platt, Ag.J.A.) CIVIL APPAL N0. 83 OF 1984 BETWEEN COMMERCIAL & INDUSTRIAL CREDIT LIMITED ...................…