Case law
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Division and case type: CivilCivil Appeal
…Editorial Note Section 3(1) of the Judicature Act was erroneously cited as section 3(3) in the original judgment.…
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT JUDGMENT (Appeal…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mweni v Republic High Court, at Mombasa March 27, 1992 Omolo J Criminal Appeal No. 209 of 1992 March 27, 1992, Omolo J delivered the following Judgment.…
Division and case type: CivilCivil Appeal
……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…
…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…
Division and case type: CivilCivil Appeal
……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…
…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…
Division and case type: CivilCivil Case
…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…
…On the same day a judgment was entered by the Court on the terms of that letter.…
Division and case type: CivilCivil Appeal
…The trial judge gave summary judgment on the claim in favour of the respondent and rejected the appellant’s claims.…
…He went on to enter judgment for the respondent against the appellant for the sum of Kshs 235,470.30 together with interest at 12% a year from April 17, 1981 until judgment and thereafter at 12% a year until payment in full…
Division and case type: CivilCivil Suit
…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…
…I would not review or vacate the judgment on this ground either.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment…
…CASE NO. 1 OF 1995 ******************* JUDGMENT OF THE COURT This appeal arises out of a conviction for the offence of manslaughter, entered by the superior court (Etyang', J).…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 3 OF 2014 (An appeal from the judgment of the Principal Magistrate Siakago in SPMCR.…
…This is an appeal against the judgment of Siakago Ag. Principal Magistrate in Criminal case No. 728 of 2012.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High…
…APPEAL NO. 155 OF 1990) *********************** JUDGMENT OF THE COURT The appellant's vehicle crushed the deceased child then aged ten months while the child was within the verandah of its mother's house.…
Division and case type: CivilCivil Appeal
…The judgment sum therefore came to Shs 7,000/=. Each party was ordered to bear its own costs. There are sixteen grounds of appeal.…
…Apart from the judgment sum awarded by the High Court he is therefore also entitled to salary for the months he had remained unemployed.…
Division and case type: CivilCivil Appeal
….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…
…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…
Division and case type: CivilCase number Civil Application
….…………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Meru (Justice S. O. Oguk) dated 12th July, 1990 in H.C.C.A.…
…It is not clear whether or not after the applicant's appeal in the High Court at Meru was dismissed judgment was entered in terms of the award notwithstanding that the respondent proceeded as if that was so and acquired 3…
Division and case type: CriminalCriminal Appeal
…APPLICANT AND REPUBLIC ……………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya Nakuru (Tanui, J. ) dated 23rd October, 1990 In H.C. CR.…
Division and case type: CriminalCriminal Appeal
…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…
…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…
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: CriminalCriminal Appeal
…REPUBLIC OF KENYA Nzuki v Republic High Court, at Mombasa May 11, 1992 Wambilyangah J Criminal Appeal No. 7 of 1992 May 11, 1992, Wambilyanga J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment. I agree with Mr.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment. I agree with Mr.…
Division and case type: CivilCase number Civil Application
…The defendant then applied for a review of the judgment on October 29, 1986, which process commenced on December 9, 1986 and ended successfully on January 13, 1987.…
…But then if Cockar J’s judgment on the first assessment of damages held good, there could hardly have been an appeal.…