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…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…

…“By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.…

…I therefore orders that there will be judgment in favour of the plaintiff in the sum of shs 2,111153,500/= inclusive of costs and court disbursements to be paid by the defendants.…

………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…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…The diversity of views on this subject can be seen by reading the judgments in Sperton Steel & Alleys Limited v Martin & Company (Contractors) [1972] 3W LR 502.…

…the Defendant/Respondent that the cheques on which the applicant’s account was debited did not belong to the plaintiff/applicant as deposed in paragraphs 5 – 9 of the affidavit in support of the application for summary judgment…

…I accordingly enter Judgment as prayed in the sum of Ksh. 789,649/= plus costs and interest. The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry.…

…Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That…

…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…

…These two cases were consolidated and this judgment will relate to the two suits.…

…I will refer to them in this judgment as the adult and the infant respectively. The adult was born in 1938. He did not have a great deal of formal education.…

…DOBIE (K) LTD..............................................................PLAINTIFF VERSUS ADEN AHMED.....................................................................DEFENDANT JUDGMENT In the suit in the lower Court…

…After a full trial the trial magistrate gave judgment in favour of he respondent for the appellant to repair the respondents vehicle to full satisfaction of the respondent.…

…In my judgment, the question of whether or not a police officer prosecutes as agent for a complainant is a question of fact and degree.…

…There is an item No III which is for KShs. 24 for the cost of the proceedings and judgment in Makadara court but it appears that only the judgment, and not the proceedings, was obtained.…

…But his own personal judgment was, according to him, confirmed by the defendant on the spot.…

…But his error of omission was not great, nor was it, in my judgment, the decisive cause of the accident. Tragic consequences light up small errors.…

…DEFENDANT RULING This is an application for judgment to be entered against the defendant on the ground that the defendant has admitted the claim and that the defence filed by it herein is a mere denial which raises no triable…

…Consequently, the application is allowed and judgment entered in favour of the plaintiff against the defendant as prayed in the plaint. The defendant will bear the plaintiff’s costs of the suit.…

…For the above reasons, I would allow the appeal, set aside the High Court judgment and give judgment for the appellant/plaintiff for agreed damages and interest thereon as claimed in the plaint.…

…I would allow the appeal, set aside the judgment of the High Court and substitute it by a judgment for the appellant for agreed damages and interest thereon as claimed in the plant.…

…High Court Of Kenya At Nairobi Milimani Commercial Courts Civil Case No 535 Of 2000 Delons Limited versus Express Diaries Limited JUDGEMENT October 16, 2000 T Mbaluto, Judge delivered the following judgment.…

…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…

…PETER MAINA NDIRANGU.........................................APPELLANTS VERSUS REPUBLIC........................................................................RESPONDENT JUDGMENT The appeals of Julius Mugo Kiarie (1st Appellant…

…In his judgment the trial magistrate merely stated that it was unlikely, without giving any reasons, that the 2nd appellant would have taken Exhibit 1 – 7 to the shop of the 1st appellant without prior arrangement with him…

…..................................APPELLANT VERSUS REPUBLIC................................................................................RESPONDENT (Appeal from the Resident Magistrate’s Court at Thika, RN Kamiro Esq) JUDGMENT…

…He said, in his judgment, that immediately after the incident he, the appellant, went into hiding and that it was only after 9 months, that he was found and arrested.…

…The principles governing the setting aside of Consent Orders/Judgments were set out in the case of Flora Wasike vs Destimo Wamboko [1982-88] 1 KAR 627, which can be summarized thus; i.…

…A consent judgment can only be set aside on the same grounds as would justify the setting aside of a contract, for example fraud, mistake or misrepresentation; ii.…

…OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CIVIL CASE NO 2042 OF 1985 LONRHO EAST AFRICA LIMITED .....................PLAINTIFF VERSUS CONSOLIDATED CITY VENTURES.......................DEFENDANT JUDGMENT…

…May 30, 1989, A Rauf Judge delivered the following judgment Acting upon the agreements dated February 20, 1975 between the defendant and the Pan Africa Insurance Company Limited (to be called the company), and dated March…

…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.…