Judgment[1990] KECA 63
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High Court at Kakamega (Mbogholi J) dated 12th day of October, 1989 in HCCC No 106 of 1987 (OS))
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & MASIME JJ A) CIVIL APPEAL NO 90 OF 1989 NYONGESA & 4 OTHERS……………....……. APPELLANTS VERSUS EGERTON UNIVERSITY COLLEGE….........… RESPONDENT (Appeal from the Ruling and Order of the High Court at Nakuru (Tunoi J) dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987) JUDGMENTS Nyarangi JA.This is an appeal from a ruling given on April 12, 1989 by Tunoi J whereby he refused the appellants’ application for orders of m
Division and case type: CivilCivil Appeal
from the type of agency which has to be considered as part of the law of principal and agent, in order to ascertain whether a principal is bound by an agreement purportedly made by his agent. Since the defence was immediately taken over by the advocate the necessity thenceforth for a recognised agent disappeared.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, MASIME & COCKAR, JJ.A.) CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (Khamoni, J.) dated 5th October, 1990 in H.C.CR.
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 Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME JJ A & COCKAR Ag JA) CIVIL APPEAL NO 47 OF 1989 GITHU………….......………….….. APPELLANT VERSUS KATIBI……………..........……… 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.
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: Constitutional and Human RightsPetition
IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................
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: 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 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
Omedo v Republic REPUBLIC OF KENYA Court of Appeal, at Kisumu June 11, 1990 Nyarangi, Gicheru & Kwach JJA Criminal Appeal No 23 of 1990 On June 11, 1990, Nyarangi, Gicheru & Kwach JJA delivered the following Judgment. This is an appeal against the sentence of six years imposed on the appellant by the High Court (Omolo J) on 26th June, 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: 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
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.
Division and case type: CriminalCriminal Appeal
Lwengele & another v Staff Counsel REPUBLIC OF KENYA Court of Appeal, at Kisumu March 27, 1990 Nyarangi, Gicheru JJA & Chesoni Ag JA Criminal Appeal No 23 of 1986 On March 27, 1990, Nyarangi, Gicheru JJA & Chesoni Ag JA delivered the following Judgment. The question which arises in this appeal is, a short one, and we think an easy one.
Division and case type: CriminalMiscellaneous Criminal Application
REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION NO 9 OF 1990 JONATHAN MUNGAI WAINAINA ……………………..APPLICANT VERSUS REPUBLIC………………..……………..........……….RESPONDENT RULING The applicant Jonathan Mungai Wainaina applies to me by chamber summons under section 123(3) of the Criminal Procedure Code for bail pending his trial. He is charged with various offences in the Court of the Resident Magistrate at Kisumu and those offences would appear to arise from the circumsta