Case law
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Division and case type: Constitutional and Human RightsPetition
…The test to be applied is whether there is real consent as defined at pg6 of this judgment.…
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO HC DIVORCE NO. 11 OF 2006 A.C.K................................................PETITIONER VERSUS B.K................................................RESPONDENT JUDGMENT…
Division and case type: CRIMINAL DIVISIONCriminal Case
………RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1. Forgery contrary to section 349 of the Penal Code. 2.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 1 of 1986 In the Matter of Renguti Gikambura Hotel Company Ltd and In the Matter of Companies Act (CAP.486 Laws of Kenya JUDGMENT…
…Interest on amounts to be ascertained by court are normally awarded from the date of judgment. In this case interest is awarded from the date of judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment.…
Division and case type: CRIMINAL DIVISIONMiscellaneous Criminal Application
…from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants absent, unrepresented, and not wishing to be present Miss W Ngugi, for respondent August 14, 1985, Schofield J delivered the following Judgment…
Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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.…
Division and case type: Constitutional and Human RightsPetition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsPetition
…A party brings an action based on an assessment for breach is neither entitled to judgment on a normal suit or to a winding up order in a petition. MWATSAHU Vs. MARO [1967] EA 42.…
…A case where the plaintiff obtained judgment in default of defence for an amount which included the costs of repairing a car.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…He holds the view that the decision was in contrast with the decision or Judgment in Muruatetu case.…
Division and case type: Constitutional and Human RightsPetition
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: Constitutional and Human RightsPetition
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) WINDING UP CAUSE 40 OF 1986 IN THE MATTER OF RWINO INVESTMENTS LTD AND IN THE MATTER OF THE COMPANIES ACT (CAP JUDGMENT.…
…The petition has been presented by Standard Chartered Acceptances Limited (hereinafter referred to as “the Petitioner”) and is supported by 9th other creditors amongst whom one, Shirjibhai & Sons, is a judgment creditor.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…CONSOLIDATED WITH CRIMINAL APPEAL NO.1163 OF 2000 PETER KIMANTHI SIMON...............................................APPLICANT VERSUS REPUBLIC.......................................................................RESPONDENT JUDGMENT…
Division and case type: Constitutional and Human RightsPetition
…re hearing the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment…
…I note that in para 3 of the plaint in -------------------------- no 1554/80 in which the creditors--------------------------------------- judgment the subject matter of this petition at debtor was described as a “businessman…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…MUSABA MARUBE...............................................APPELLANTS AND REPUBLIC............................................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J) JUDGMENT…
…The second authority, to the like effect, is the judgment of the English Court of Appeal, Criminal Division, in R v Tunbull and others, [1976] ALL ER 549.…
Division and case type: Constitutional and Human RightsPetition
…INTERESTED PARTY JUDGMENT Introduction and background 1. The petitioner is a non-Kenyan, who is at the brink of being rendered stateless. The matter is a culmination of events both within and outside the country.…
…The UNHCR urged the court to ‘give directions as to the suitable and/or alternative place of accommodation for the Petitioner pending judgment in this matter.” 14.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…