Judgment[1990] KECA 51
Case law
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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
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 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: 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 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: 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 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 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 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: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Gicheru & Kwach, JJ.A.) CIVIL APPEAL NO. 110 OF 1986 BETWEEN LIVINGSTONE OTUNDO................................................................................APPELLANT AND NAIMA MOHAMOUD (A minor who had sued through her next friend Mohamoud Ali)..............................................RESPONDENT (An appeal from a judgment and decree of the High Court of Kenya at Nairobi (Abdullah, J.) dated the 4th day of November,
Division and case type: CivilCivil Case
evidence which could not with diligence have been discovered, have been discovered, after the order sought to the reviewed was made, or for any other sufficient cause. The new discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: HANCOX CJ, GACHUHI & KWACH JJ A) CIVIL APPEAL NO 40 OF 1989 KENYA MEAT COMMISSION……….....……….. APPELLANT VERSUS RICHARD AMBOGO RADEN …….……..…… RESPONDENT (From a judgment and decree of the High Court at Mombasa, Bosire J, dated the 25th November 1988 in High Court Civil Case No 490 of1984) JUDGMENTS Hancox CJ.