Judgment[1993] KECA 84
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Muli & Tunoi JJ A) CIVIL APPEAL NO 33 OF 1993 GATEWAY INSURANCE COMPANY LIMITED ….....….….APPELLANT VERSUS PAUL KAMAU WAITHAKA …….……………….………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992)
Division and case type: Anti-CorruptionCivil Appeal
company and that the respondents would hold the Deed Plan, when released, to the Order of the Acceptances. As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2461 OF 1992 GITHUNGURI & ANOTHER T/A GITHUNGURI & COLLINS ARCHITECTS …….……..APPLICANT VERSUS KENYA RAILWAYS CORPORATION….…………… DEFENDANT
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (Coram: Apaloo CJ, Gachuhi & Omolo JJ A) CIVIL APPEAL NO 75 OF 1991 NAIROBI BUS UNION………………….. APPELLANT VERSUS DEXTER IRERI IMANENE ……...…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987)
Division and case type: CriminalCase number Criminal Application
IN THE COURT OF APPEAL AT NAIROBI (Coram: Cockar, Muli & Omolo JJ A) CRIMINAL APPLICATION NO NAI 5 OF 1993 MARK OWEGGI …………………..APPELLANT VERSUS REPUBLIC…………………..……RESPONDENT (Appeal from a ruling of the High Court of Kenya at Nairobi (Mr Justice Oguk) dated 28th September, 1993 in Misc Criminal Appl No 419 of 1993) RULING We are of the clear view that there is no merit in the application before us and it must accordingly fail. The applicant Mr Mark Oweggi is an advocate of the High Court of
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ………………………………..….. RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987)
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAKURU (Coram: Gicheru, Muli & Omolo JJ A) CRIMINAL APPEAL NO 68 OF 1993 JATANI……………….… APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice R Nambuye) dated 26th November, 1992 in HC CR A No 387 of 1992)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Nzuki v Republic High Court, at Mombasa May 11, 1992 Wambilyangah J Criminal Appeal No. 7 of 1992 May 11, 1992, Wambilyanga J delivered the following Judgment.
Division and case type: CriminalCriminal Appeal
had been delivered to the said National Cereals and Produce Board Mombasa Depot on account of orders given to M/S Lotus Commercial Complex Ltd and Kenya Phonic Travels and Safaris Ltd. On or about the 28th day of May, 1988 at Mombasa within the Coast Province, stole Kshs 10,865,225/= which had been entrusted to him by M/s Kenya Phonic Travels and Safaris Ltd for him to apply for the purpose of procuring and supplying a part of an order of 2.9 million new gunny bags to the National Cereals and P
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru & Kwach JJ A) CRIMINAL APPEAL NO 54 OF 1989 ODHIAMBO OLEL …………….……. APPELLANT VERSUS REPUBLIC………………………….
Division and case type: GeneralUnclassified
IN THE COURT OF APPEAL AT NAIROBI CORAM: MULI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA AT COURT OF APPEAL IN KISUMU CRIMINAL APPEAL 32 OF 1989 JOSEPH OLOO NYAMUGA ...………….…….. APPELLANT AND REPUBLIC ……………………...…..………… RESPONDENT ****************** ORDER OF THE COURT The appellant having served the sentence and released from prison on 25th May, 1992, and his whereabouts being unknown, this appeal abates under rule 70(7) of the Rules of this Court.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA AT THE COURT OF APPEAL IN NAKURU CRIMINAL APPEAL 16 OF 1991 SIMON MARUTIT ………..……………….. APPLICANT AND REPUBLIC ……………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya Nakuru (Tanui, J.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MALINDI CRIMINAL APPEAL 35 OF 1992 KARIUKI NYOIKE ……………………………. APPELLANT AND REPUBLIC …………………...……………… RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya Mombasa( Wambilyanga,J.) dated 7th May, 1991 In H.
Division and case type: CivilCivil Appeal
This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio
Division and case type: CivilCivil Appeal
Accordingly we enhance the damages to Kshs 40,000/-. We uphold the order of the superior court as to costs in that Court but allow the costs of this appeal as the appellant against the respondent.