Judgment[1990] KEHC 83
Gari & 2 others v Republic
High Court at Kisumu
Case law
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Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU crim apps 235,236,238 of 90 GARI & 2 OTHERS………..…………..PLAINTIFF V REPUBLIC……………………….………DEFENDANT ed) (From Original Conviction and Sentence of the Principal Magistrate’s Court at Kisumu (C.O. Ong’undi, Esq, P.M.) in Criminal Case No 189 of 1989) Evidence – secondary evidence – notice to produce a document – Evidence Act (cap 80) section 69 – to whom such notice is given – when such notice can be dispensed with – party who does not have po
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 1124 OF 1983 KIMEU…………….........…………….. PLAINTIFF VERSUS KASESE…………………..…………DEFENDANT
Division and case type: CriminalCriminal Appeal
I quash the convictions recorded against the appellants, set aside the sentences imposed on them and order that they be released from prison forthwith unless they be held for some other lawful cause. Dated and Delivered at Mombasa this 12th Day of October, 1990, R.S.C.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 4549 OF 1987 BACHITTER SINGH CHASE …………..………..PLAINTIFF VERSUS BARCLAYS BANK OF KENYA LTD…..……..
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL (REVISION) CASE NO 25 OF 1990 REPUBLIC…………….………APPLICANT VERSUS MOHAMED…..……………..RESPONDENT (From original conviction and sentence in Criminal Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence. According to the record of the court; the witness did not appear
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL CASE NO 54 OF 1988 REPUBLIC…………………………..……….....…..PROSECUTOR VERSUS MOHAMMED SHIRAZ HUSSEN …….…………………ACCUSED
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 6 OF 1987 CHELELGO LIMO …………………………….... APPELLANT VERSUS COMMISSIONER OF LANDS…….………….
Division and case type: Anti-CorruptionCivil Suit
may have at least equal rights with him if not superior rights over the property. Consequently I will order that the suit premises remain locked, but after the applicants are given an opportunity to take away from inside the premises what is justly theirs.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL CASE NO 191 OF 1985 HARUN MIRUKA…………....….…..…. PLAINTIFF VERSUS JARED OTIENO ABOK TOBIAS OMONDI ABOK….…...........DEFENDANTS RULING The two applicants Jared Otieno Abok (1st defendant) and Tobias Omondi Abok (2nd defendant) ask me by their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that ther
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 30 OF 1986 LYDIA CHAO …………………………………………..……… PLAINTIFF VERSUS DHANJAL BROTHERS LTD MUNGA MUHASO HASSAN ISMAEL ABDALLA PAUL WAMBUA MUSILA……………………...................DEFENDANTS
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2836 OF 1990 TRICOR ENTERPRISES LTD & 2 OTHERS..…………APPLICANTS VERSUS ANNE NYAWACHA MWOK-HANDA ………….….. RESPONDENTS RULING A short history of the matter: On the 11th June, 1990, the plaintiff/ applicants filed a plaint in the registry of the court.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Bankrupcty Cause 12 of 1988 LEONARD KIMANI KEARIE……………………………………………DEBTOR RULING This is an application pursuant to the provision of S.20 of the Bankruptcy Act, Cap 53 Laws of Kenya. The applicant is the official receiver as the receiver of the estate of Leonard Kimani Kiarie, the debtor.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 1926 OF 1990 KAMUNYI………………...........………………..APPLICANT VERSUS MACHARIA & ANOTHER………………… RESPONDENT RULING By a Chamber Summons dated 17th but filed in court on 18th May, 1990 the applicants as defendants in the suit pray, for an order vacating the order in injunction which was made on 8th May 1990 upon an ex parte hearing of a Chamber Summons which was filed on 20th April, 1990. The hearing proceeded ex parte because neither the de
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court at Othaya, Gothongo DM 1, in Crminal Case No 472 of 1989)
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL CASE NO 54 OF 1988 REPUBLIC…………………………..……….....…..PROSECUTOR VERSUS MOHAMMED SHIRAZ HUSSEN …….…………………ACCUSED
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA HIGH COURT AT KISII CRIMINAL CASE NO 16 OF 1990 REPUBLIC………………………….. PROSECUTOR VERSUS YIENDE…………………………..........…ACCUSSED
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 842 OF 1983 FATEMI INVESTMENTS LTD…..…………. PLAINTIFF VERSUS BAYUSUF……………..………………….DEFENDANT
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 1859 OF 1990 GITAO & 5 OTHERS ……………………..…..PLAINTIFF VERSUS KENYA NATIONAL CHAMBER OF COMMERCE & INDUSTRY……………. DEFENDANT RULING The plaintiffs were members of the defendant Chamber of Commerce and Industry, which I shall henceforth call the Chamber, and which is a company limited by guarantee and having no capital.
Division and case type: CriminalCriminal Appeal
Tembere v Republic High Court, at Mombasa April 30, 1990 Githinji J Criminal Appeal No 550 of 1989 (From original conviction and sentence in Criminal Case No 833 of 1989 of the Resident Magistrate’s Court at Kilifi, P M Ndungu, Esq, RM) Criminal Practice and Procedure – Plea – charge of handling stolen property – nature of the offence – what the plea on such a charge should show. Criminal Law – Handling stolen property – elements of the charge of handling stolen property.
Division and case type: CriminalCriminal Appeal
stated that the owner of the lorry to show cause why maize and lorry should not be forfeited, that order did not preclude the owner of the maize to appear if he was not the owner of the lorry, and claim his maize. The appellants aware of that order as it was made in their presence at the sitting in which the court had convicted them and during the continuation of the same proceedings as it is apparent from the Court record of the proceedings of that day.