Search court decisions

…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.…

….……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia…

…When the parties appeared before the learned judge, Mr Waweru was for Ruchathi and he asked for judgment to be entered in terms of the award and for costs of the action and that is what was done.…

…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.…

…(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.…

….…… 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…

…The applicant has explained that the delay in filing the appeal was due to the delay in obtaining the proceedings and judgment from the Lower Court even though the same were applied for in time.…

…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…

…Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF…

…The plaintis herein Hawo Shanko Abdullah And Zamzam Gobe Garo instituted this suit by way of a plaint dated 2nd August 2021 seeking judgment against the Defendants for general and special damages under the Law Reform Act…

……………………………………RESPONDENTS (Appeal from the judgment of the High Court of Kenya at Nyeri (Patel, J) dated 10th October, 1983 In Civil Case No 186 of 1981) ___________________ JUDGMENT OF THE COURT The respondents, as plaintiffs…

…The High Court record does not say that the plaintiff’s advocate applied for judgment pursuant to the award. But then, the trial Judge could not have entered the judgment without a request to do so.…

…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…

…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…

…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…

…Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.”…

…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…

…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…

…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…

…March 21, 1988, Platt JA delivered the following Judgment.…

…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.…

…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…

….……………………….RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nyeri (Hon. Justice J.L.A.…

…Osiemo) dated 10th July, 1996 IN CIVIL SUIT NO. 24 OF 1993) ************************** JUDGMENT OF THE COURT This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was…

…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…

…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.…

…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s appeal.…