Case law
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Division and case type: CriminalCriminal Appeal
the same that he advanced before the Superior Court. He has also promised to rehabilitate himself in order to become a useful member of the society.
Division and case type: CivilCivil Appeal
Atogo v Agricultural Finance Corporation & another Court of Appeal at Nakuru October 23, 1991 Hancox CJ, Masime JA & Omolo Ag JA Civil Appeal No 165 of 1989 (Appeal from the judgment of the High Court at Eldoret (Aganyanya J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered. On the 15th October, 1987, Regent Auctioneers who are official court brokers, seized a Datsun pick-up vehicle no KLR 903 belonging to the appellant, who was the p
Division and case type: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
Division and case type: CivilCivil Appeal
Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages - general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pe
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha, J) dated 5th July, 1990 in HC CR App No 300 of 1989) Criminal Practice and Procedure – lapse of time – whether invalidates a charge. Criminal Law – false pretence – charge of procuring registration of land by false pretences - Penal Code (cap 63) section 320 - whether pro
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No.