Case law
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Division and case type: CivilCivil Appeal
…J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered.…
…But that does not apply, in my judgment, to the same extent where the attachment is, if I may so call it, a voluntary one.…
Division and case type: CivilCivil Appeal
…He therefore prayed for judgment and the costs of the suit.…
…That the learned District Magistrate erred in law and in fact in making his judgment which is not supported by law. 5.…
Division and case type: CivilCivil Appeal
…(Appeal from an Order of the High Court at Nakuru, Mead J) April 16, 1986, Nyarangi JA delivered the following Judgment.…
…In my judgment the trial Judge erred in finding that the material facts which facts the trial Judge considered far too narrowly, were not outside the knowledge of the appellant.…
Division and case type: CivilCivil Appeal
…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…
…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…
Division and case type: CivilCivil Appeal
…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…
…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…
Division and case type: CivilCivil Appeal
….…… 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) JUDGMENT Nairobi Bus Union, the appellant herein, is a public transport…
…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…
Division and case type: CivilCivil Appeal
…Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS)) JUDGMENT JUDGMENT OF Gicheru JA.…
…JUDGMENT OF Cockar Ag JA.…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at…
…Kakamega (Aganyanya , J.) dated 29th day of May, in Civil Appeal No. 22 of 1985) * ****** JUDGMENT OF NYARANGI J.A.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…
…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Appeal
…Ako v Special District Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50…
…Under section 9(3) of the Law Reform Act (cap. 26) leave shall not be granted unless application for leave is made inside six months after date of judgment.…
Division and case type: CivilCivil Case
…It is that judgment which the defendants now ask the Court to set aside.…
…Judgment was regularly obtained against him and I see no reason for setting aside that judgment.…
Division and case type: CivilCivil Appeal
…and Decree of the High Court at Kakamega, Gicheru J)) JUDGMENT Judgement of Gachuhi JA . 1.…
…There is no form of trust that can be inferred after the judgment, unless it was embodied in the judgment.…
Division and case type: CivilCivil Appeal
…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…
…June 27, 1988, Gachuhi, Apaloo & Masime JJA delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…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…
…The learned judge entered judgment for the plaintiff for: “(a) Damages at the rate of Kshs 30 per day from January 4, 1974 until the defendant shall return the plaintiff’s saw in working condition (ie) up to January 27, 1976…
Division and case type: CivilCivil Appeal
…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…
…The learned judge entered judgment for the plaintiff for: “(a) Damages at the rate of Kshs 30 per day from January 4, 1974 until the defendant shall return the plaintiff’s saw in working condition (ie) up to January 27, 1976…
Division and case type: CivilMiscellaneous Application
…August 9, 1985, Gachuhi J delivered the following Judgment.…
…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…
Division and case type: CivilCivil Appeal
………RESPONDENT JUDGMENT Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega.…
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
Division and case type: CivilCivil Appeal
…September 19, 1988, Gachuhi JA delivered the following Judgment.…
…Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment.…