Case law
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Division and case type: CivilCivil Appeal
….……… RESPONDENT (Appeal from the judgment and order of the High Court of Kenya at Nairobi (Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987) JUDGMENTS Nyarangi JA.…
…In my judgment on a true construction of sub-section (2) of section 9 of the Land Control Act, a sale agreement is an agreement for a controlled transaction.…
Division and case type: CivilCivil Appeal
…LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant…
…The following is the relevant part of the judgment of the learned judge.…
Division and case type: CivilCivil Suit
…He said he was the beneficiary or an assignee of a judgment delivered on March 15 1982 by Muli, J in Nairobi High Court Civil Suit 1038 of 1974.…
…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…
Division and case type: CivilCivil Appeal
…our judgment in this appeal dismissing it and reserved our reasons to be given on notice.…
…We now give the reasons for our judgment. “The Sugar wars”…………..…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…The key to the judgment is the remark - “The parties must recognise the boundary fixed by the Land Registrar.”…
Division and case type: CivilCivil Appeal
…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…
…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…
…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…
…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…
Division and case type: CivilCivil Appeal
….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…
…The applicant became aware of the judgment after it had been passed. It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…
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: 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 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: 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: 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: 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.…
Division and case type: CivilCivil Appeal
…WANG'ONDU.........................RESPONDENT (An appeal from the judgment of Hon Mr Justice Mbogholi-Msagha delivered on 18th March, 1988 in HCCC No 2556 of 1986) ************************** JUDGMENT This is an appeal and…
…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…