Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…It is observed that the order sought is the setting aside of a default judgment entered herein.…
…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…
Division and case type: Milimani Commercial CourtsCivil Case
…“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.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…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: Milimani Commercial CourtsCriminal Appeal
…..................................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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…Accordingly I enter judgment for the defendant as prayed in the counterclaim as follows; a. Judgment for the defendant against the plaintiff for Ksh. 4,026,033/=. b.…
Division and case type: Milimani Commercial CourtsCase number Civil Application
…ENTERPRISES LIMITED........................................................PLAINTIFF VERSUS GATUKUYU COFEE GROWERS COOPERATIVE SOCIETY LTD & 2 OTHERS..............................................................DEFENDANT JUDGMENT…
…Accordingly I enter judgment for the plaintiff as prayed in the plaint together with the costs of this application. Dated and Delivered in Nairobi this 2nd day of December 1985. D.SCHOFIELD JUDGE…
Division and case type: Milimani Commercial CourtsCivil Suit
…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…
…It is on record that the plaintiff has applied for judgment against those defendants in default of an appearance.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO. 35 OF 1983 REPUBLIC.......................................................................APPLICANT VERSUS HASMUKH MEGHJI SHAH.......................................RESPONDENT JUDGMENT…
…In any trial before a subordinate court any public prosecutor may, with the consent of the court, or on the instructions of the Attorney General, at any time before judgment is pronounced, withdraw from the prosecution of…