Case law
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Division and case type: CivilCivil Appeal
…judgment.…
…That judgment to-date has not been set aside by the lower court as his application to set aside the said judgment was subsequently dismissed since his counsel did not turn up in time to prosecute it and when he did turn up…
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
…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
….…… 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
…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.…
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: CivilCivil Case
…. … 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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
………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.…
Division and case type: CivilCivil Case
…REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 384 OF 2000 ESTHER WANJIRU KIARIE …………………………………..PLAINTIFF VERSUS JOSEPH KIARIE NG’ANG’A ………………………………..DEFENDANT JUDGMENT On January 7, 1999 at around 6.30…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CivilCivil Case
…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…
…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…
Division and case type: CivilCivil Suit
…SUIT NO. 375 OF 1992 RICHARD BOYWA GOR................................................................................PLAINTIFF VERSUS EAST AFRICAN SUGAR INDUSTRIES LTD.............................................DEFENDANT JUDGMENT…
…Finally, there will be judgment against the defendant in favour of the plaintiff in the total sum of Shs 126,000/- plus costs and interest at court rates. Dated and Delivered at Nakuru this 14th day of September 1994.…
Division and case type: CivilCivil Appeal
…NO. 221 OF 1990 ********************** JUDGMENT OF THE COURT The appellant was, at all material times, employed by the respondent, Kenya Grain Growers Cooperative Union Limited (K.G.G.C.U.).…
Division and case type: CivilCivil Appeal
…that the learned single judge improperly exercised his discretion by rejecting the applicant’s application despite the fact that the court file and the entire exhibits went missing immediately after the delivery of the judgment…
Division and case type: CivilCivil Suit
…Ist DEFENDANT GRAHAM WOOD....................................................... 2ND DEFENDANT JUDGMENT The plaintiff, Hilary Munuhe Gachinga, filed this case against theNorwegian People's Aid (1st defendant) and Graham Wood…
…The record shows that the defendants were served with summons to enter appearance, on 23rd March, 1997 but they neither entered appearance nor filed defence hence the interlocutory judgment signed on 5th June, 1997.…
Division and case type: CivilCivil Appeal
….… RESPONDENT JUDGMENT The appellant as the plaintiff sued the respondent/defendant in the High Court for the recovery of Kshs 104,105 for goods sold and delivered, and/or services rendered to the defendant.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…...............................................RESPONDENT (Appeal from the ruling of the High Court of Kenya at Eldoret (Mr Justice Khamoni) dated 17th April, 1990 in HCCC No 158 of 1987) ******************************* JUDGMENT…