Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.) CRIMINAL APPEAL NO.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kioga v Republic Court of Appeal, at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment. On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA Highway Carriers Ltd v Mahrus High Court, at Mombasa May 12, 1985 Aragon J Civil Suit No 494 of 1976 May 12, 1985, Aragon J delivered the following Judgment. In October 1975 Tononoka Haulage Contractors agreed with a subsidiary of the United Nations organization called the World Food Programme to carry some drums of oil from Mombasa to Kigali in Ruanda.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Mugo v Republic High Court, at Nyeri April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent April 22, 1985, Patel J delivered the following Judgment. The appellant was convicted for the offence of stealing by a servant c/s 281 of the Penal Code in criminal case no 2111 of 1984 DM II Karatina and sentenced to 10 months imprisonment on her own plea of guilty fr
Division and case type: CivilCivil Case
Kenya Commercial Bank v Nyahururu Blocks & Iron Mongers High Court, at Nairobi April 15, 1985 Masime J Civil Case No 376 of 1978 April 15, 1985, Masime J delivered the following Ruling. On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Thuita v Republic High Court, at Nairobi April 11, 1985 Porter J Criminal Appeal No 39 of 1985 (Appeal from the District Magistrate’s Court at Kibera, W N Giture Esq) Advocates Appellant absent, unrepresented and not wishing to be present Major J Q Mbewa for Respondent April 11, 1985, Porter J delivered the following Judgment. The appellant was charged in the court below with theft from the person contrary to section 279(a) of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Said v Republic High Court at Machakos April 1985 O’Kubasu J Criminal Appeal No 955 of 1984 (Appeal from the Resident Magistrate’s court at Kitui, K D Kibanga Esq) Advocates Appellant absent unrepresented and not wishing to be present Miss C Nyagah for respondent April 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted on his own plea of guilty of burglary and stealing contrary to Sections 304(2) and 279(b) of the Penal Code (cap 63).
Division and case type: CivilCivil Case
Grinyamwaya v Nairobi City Commission High Court, at Nairobi March 28, 1985 Gachuhi J Civil Case No 1805 of 1984 Cases Obongo & Another vs Municipal Council of Kisumu [1971] EA p 91 at page 96 letter B Rookes v Barnard and others (1964) AC 1129 Kampala City Council v Nakaye [1972] E A 446 at page 448 Matthew Thimbara vs Athumani Singa and another H C C C 2141/82 (unreported) Statutes March 28, 1985, Gachuhi J delivered the following Judgment. The plaintiff a retired employee of the City Council
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).
Division and case type: CriminalCriminal Appeal
Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment. Kinuthia The appellant was convicted of theft from a person contrary to section 279 (a) of the Penal Code and sentenced to fourteen months imprisonment plus four strokes.
Division and case type: CriminalCriminal Appeal
Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment. Kinuthia The appellant was convicted of theft from a person contrary to section 279 (a) of the Penal Code and sentenced to fourteen months imprisonment plus four strokes.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Karamja v Republic Court of Appeal, at Nakuru March 11, 1985 Madan, Hancox & Nyarangi, JJA Criminal Appeal No 161 of 1984 (Appeal from the High Court at Nakuru, Masime J) March 11, 1985, Madan, Hancox & Nyarangi, JJA delivered the following Judgment. The appellant on this second appeal was convicted by the resident magistrate Nyahururu, of the offence of defilement contrary to section 145(1) Penal Code and sentenced to five years imprisonment and seven strokes corporal punishme
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CivilCivil Appeal
children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1419 OF 1984 GORDHANDAS DHARAMSHI & BROTHERS LIMITED................................................APPELLANT VERSUS REPUBLIC............................................................RESPONDENT (Appeal from the Second Class District Magistrate’s Court at Nairobi, Miss B L Obayo)
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.