Judgment[1993] KECA 64
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (Coram: Apaloo CJ, Gachuhi & Omolo JJ A) CIVIL APPEAL NO 75 OF 1991 NAIROBI BUS UNION………………….. APPELLANT VERSUS DEXTER IRERI IMANENE ……...…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987)
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CIVIL CASE NO 390 OF 1992(OS) KIBUNDI …………….…………….… PLAINTIFF VERSUS MUKOBWA & ANOTHER ….….... DEFENDANT RULING This is a preliminary question as to whether, by reason of the determination of the originating summons by the High Court, in the High Court Civil Case No 2411 of 1979 (OS), at Nairobi, the instant originating summons, which was also started at Nairobi but in due course was transferred here, is barred by the application of the doctrine of
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL SUIT NO 142 OF 1989 THOMAS NYAIBURU NYAKANGO ………….……. PLAINTIFF VERSUS DIAMOND TRUST OF KENYA LTD…………..… DEFENDANT
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 11 OF 1992 SECURICOR COURIER (K) LTD………....…. APPELLANT VERSUS OWINO……………………………………..
Division and case type: CivilCivil Case
There is no difficulty in complying with an order to that effect. It was a prayer for an order allowing the applicant to manifest her religion by doing a specific and clear act, namely, wearing her headscarf.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO 61 OF 1991 GABRIEL NDUNGU KINUTHIA.........................APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages arising out of an accident which occurred on 16th June 1989 along Nyeri-Nyahururu Road in which the plaintiff/applicant sustained severe injur
Division and case type: CivilCivil Appeal
Atogo v Agricultural Finance Corporation & another Court of Appeal at Nakuru October 23, 1991 Hancox CJ, Masime JA & Omolo Ag JA Civil Appeal No 165 of 1989 (Appeal from the judgment of the High Court at Eldoret (Aganyanya J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered. On the 15th October, 1987, Regent Auctioneers who are official court brokers, seized a Datsun pick-up vehicle no KLR 903 belonging to the appellant, who was the p
Division and case type: CivilCivil Appeal
have the ex-parte judgment set aside and in consequence all subsequent orders including the order appealed against are nullified. The appeal must be allowed.” It follows therefore, that the exparte judgment of 29th of April, 1991 was entered against the 2nd defendant/respondent, Mwika in error.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Civil Case 215 of 1990 M’IKUNYUA IBARI STEPHEN KIJOGI IBARI………………………….PLAINTIFFS versus NKANATA M’IBARI……………...…....……..……DEFENDANT 28/1/91 Coram: SO Oguk – judge Plaintiff in person Defendant - absent Court Interpreter – Murungi
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL CASE NO 26 OF 1990 MURUNGI NKAMBI …. … PLAINTIFF versus DAVID M’ABURI … ….
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 6 OF 1987 CHELELGO LIMO …………………………….... APPELLANT VERSUS COMMISSIONER OF LANDS…….………….
Division and case type: CivilCivil Case
On the prepondrance of evidence before me as a whole, I cannot help reaching the inescapable conclusion on such evidence, that the 2nd Defendant was not an innocent purchaser for value of the shit land. I am satisfied that it has been established on a balance of probabilities that he was very much aware when he entered into a written agreement with the 1st Defendant (Exhibit A) on the 5th of October, 1987 for the purchase of the suit land that the said land had then been sold to the Plaintiff wh
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 4 OF 1988 C M S………………….....…..…. APPELLANT VERSUS S W S……..…………….……..
Division and case type: CivilCivil Appeal
I agree with the judgment of Nyarangi JA. The appeal will be allowed with the orders proposed by him.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment. On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable crosscut saw in good working condition.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment. On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable crosscut saw in good working condition.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag. 32 OF 1982) civ app 32 of 82 BETWEEN ANDREW A APIYO ………………………..…………… APPELLANT AND MICHAEL M O MASHERE …………………………… RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Eldoret (Mbaya, J) dated 7th May, 1982 in Civil Case No.