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…The learned Chief Magistrate patiently listened to these wrangles in his Court and on 11th August, 1994 handed down his judgment from which this appeal now lies.…

…It is submitted the learned Chief Magistrate lacked jurisdiction to entertain the suit as his pecuniary limit was only Shs 125,000/= at the time he heard the matter and delivered judgment.…

…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…

…The appellant who was a defendant in the Superior Court, filed an appeal against the judgment of the Superior Court contending that the deceased who was the victim of the suit accident was only six years so as to entittle…

…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…

…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…

…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…

…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…

………DEFENDANT 28/1/91 Coram: SO Oguk – judge Plaintiff in person Defendant - absent Court Interpreter – Murungi JUDGMENT The plaintiffs claim against the defendant in respect of land parcel No Abothuguchi/Kariene/69 measuring…

…The plaintiffs have not had any share of the family land and I now give them judgment against the defendant for the transfer of a portion of land parcel No Abothuguchi/Kariene 69 measuring 1.74 acres.…

…. … DEFENDANT 23/1/1991 Coram: SO Oguk – judge Plaintiff in person Mr Mithega for the defendant JUDGMENT The plaintiff’s claim against the defendant is for the transfer of a portion of land measuring 4½ acres out of Title…

…I find that the only piece of land that the plaintiff has, is only that small piece of land measuring 0.95 of an acre which in my judgment I find to have been given to him by his maternal uncle.…

…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…

…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…

…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…

…A The facts of this case are set out in the judgment of Platt, Ag JA.…

…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 ).…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…

…They are not to be unjust or show partiality in their judgments. They are not to be unjust or show partiality in their judgments”; they must always be fair and just.…

…In the Holy Qur’an too, the way decisions and judgment should be arrived at, is taught.…

…He has never been in possession of this land and in my Judgment, he will never be in possession of this land as this land has to revert to the Plaintiff the moment he deposits with the 1st Defendant's lawyers the balance…

…Orders Before the conditions set out in this Judgment are complied with, I issue an order of inhibition to be registered on land Title Number NTIMA/lGOKl/3749 so as to preserve the said land from changing hands to any third…