Judgment[2004] KEHC 1241
Case law
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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: 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: Anti-CorruptionCivil Appeal
…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.…
Division and case type: Anti-CorruptionPetition
…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.…
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: 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: 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.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…That is what makes our judgment somewhat prolate.…
…At the same time we do not consider ourselves inhibited from commenting on the judgment of the Constitutional Court as our views in relation thereto will be obiter.…
Division and case type: Anti-CorruptionCivil Appeal
…King Woolen Mills Ltd (formerly known as Manchester Outtters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates (Civil Appeal 55 of 1993) [1993] KECA 57 (KLR) (16 December 1993) (Judgment) King Woolen Mills…
…RESPONDENT (Appeal from the ruling and order of the High Court of Kenya at Nairobi (Mr Justice Shields) dated 25th February, 1993 in HCCC No 279 of 1993) JUDGMENT 1.…