Court decisions & case law

Judgment[1995] KECA 5618 December 1995

ABDALLA AHMED ABDUL RASHID v REPUBLIC

Court of Appeal at Nairobi

Judgment[1995] KEHC 12510 December 1995

De v a Samat Keshwala &

High Court at KeshwalaCase number Civil Case 2213 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2213 OF 1991 DEVA SAMAT KESHWALA & 10 OTHERS.....................APPLICANTS VERSUS TOLK INVESTMENTS (K) LTD..........................................DEFENDANT UNITED NATIONS FOOD PROGRAMME...........................DEFENDANT RULING On the 15.12.92 I dismissed the application filed by the second defendant on 10.2.92. That application sought an order that the name of the second defendant be struck out and the suit against the

3 min read

Judgment[1995] KEHC 746 December 1995

M M v D C J & another

High Court at MombasaCase number Civil Suit 853 of 1995

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO 853 OF 1995 M M …………………........……PLAINTIFF VERSUS D C J ……………………..1ST DEFENDANT V N K ……………………2ND DEFENDANT RULING M M, the Plaintiff herein, seeks an interlocutory injunction to restrain D C J, the 1st Defendant, from contracting a marriage under Marriage Act (Cap. 150) of the Africa Christian Marriage and Divorce Act (Cap.

5 min read

Judgment[1995] KEHC 9327 November 1995

Kenindia Assurance Company Ltd v Bhai O M Al-Amin

High Court at MombasaCase number Civil Suit 235 of 1995

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO 235 OF 1995 KENINDIA ASSURANCE COMPANY LTD ……PLAINTIFF VERSUS BHAI O M AL-AMIN………………..…………..DEFENDANT RULING The Defendant seeks to set aside an ex-parte judgement entered against him in default of appearance. He does not deny that he was served with summons to enter appearance but failed to do so.

2 min read

Judgment[1995] KECA 4721 November 1995

Joseph Boke Mataiga v Republic

Court of Appeal at KisumuTanui,JUDGE APPEAL,MenezesCase number Criminal Appeal 49 of 1995

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 49 of 1995 JOSEPH BOKE MATAIGA ......………..………………...APPELLANT AND REPUBLIC……………………..................................…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kakamega (Justice Tanui) dated 17th September, 1993 IN CR. 38 OF 1992) ********************* JUDGEMENT OF THE COURT This is an appeal against the conviction of the appellant by Tanui, J.

9 min read

Judgment[1995] KECA 8512 November 1995

others v KASIGAU RANCHING (D.A.) LIMITED

Court of Appeal at NairobiJUDGE APPEAL,N. Dugdale,OderoCase number Civil Appeal 134 of 1994

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 134 of 1994 1. OLONGIDA OLE NGILORITI 4.

appeal failsDismissed4 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.

10 min read

Judgment[1995] KEHC 7229 October 1995

L Vadgama v Arya Samaj

High Court at Nairobiclose of pleadings it has been made too late,OyatsiCase number Civil Suit 450 of 1988

Division and case type: CivilCivil Suit

rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.

5 min read

Judgment[1995] KEHC 123 October 1995

rosemary wanjiku kinyanjui v martin wainaina kinyajui

High Court at NairobiCase number Civil Case 1676 of 1995

Division and case type: Milimani Commercial CourtsCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 1676 OF 1995 ROSEMARY WANJIKU KINYANJUI …………..PLAINTIFF VERSUS MARTIN WAINAINA KINYAJUI……….....….RESPONDENT RULING OF THE COURT Before the 24th October, 1995, I had considered the application before me and said as follows: “The parties herein have been in matrimony for thirty one years. They have materially prospered together and can without embellishment be said to be quite rich.

9 min read

Judgment[1995] KECA 16517 October 1995

Macharia v Mungai

Court of Appeal at NairobiShields,judge Plot No,JUDGE APPEALCivil Appeal 85 of 1990

Division and case type: CivilCivil Appeal

Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.

Appeal dismissedDismissed16 min read

Judgment[1995] KEHC 7310 October 1995

Dionysius Omambia Onyinkwa v Kenya Ports Authority

High Court at Mombasathat,committee,heard,challenged the accusations which were levelled against himCase number Civil Case 706 of 1992

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully dismissed from his employment with the defendant that he should be awarded compensatory damages by this Court. In the course of his evidence he vehemently denied or rejected the defence’s contention that his conduct ha

3 min read

Judgment[1995] KECA 1124 October 1995

CORNELIUS K. BIRGEN v KIPRONO A. MASAI

Court of Appeal at NairobiEffie Awuor,JUDGE APPEALCIVIL APPEAL NO. 92 OF 1989

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.) CIVIL APPEAL NO. 92 OF 1989 BETWEEN CORNELIUS K.

appeal is struck outDismissed1 min read

Judgment[1995] KECA 4524 September 1995

KITIPA OLE NKUKUU v REPUBLIC

Court of Appeal at NakuruRimita,JUDGE APPEALCase number Criminal Appeal 51 of 1994

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 51 of 1994 KITIPA OLE NKUKUU……………....................................……. …………………………….APPLICANT AND REPUBLIC……………...............................

appeal is dismissedDismissed1 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B. SHAH) CIVIL APPEAL 149 OF 1991 BETWEEN JOSEPHOCHIENG PHILIPKAFUANDE HENRY HEGGA (Trading as AQUILINE AGENCIES)…....................APPELLANTS VERSUS FIRST NATIONAL BANK OF CHICAGO.................

16 min read

Judgment[1995] KEHC 853 September 1995

Geoffrey Kamuti Munyao v Republic

High Court at MombasaCase number Criminal Appeal 254 of 1993

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO 254 OF 1993 GEOFFREY KAMUTI MUNYAO …………..APPELLANT VERSUS REPUBLIC…………………............…….RESPONDENT

3 min read

Judgment[1995] KECA 12831 August 1995

Kimani Wanyoike v Electoral Commission & another

Court of Appeal at NairobiJudge Nyeri High Court,Judge Nakuru,JUDGE ESSEX CLARK,JUDGE APPEAL,Kimani Wanyoike,Imanyara,Kivuitu,Ngei,Mbondo,CheboiwoCase number Civil Application 213 of 1996

Division and case type: CivilORIGINATING SUMMONS

The respondents swear that they were prepared to accept the applicants papers if they were in order despite the order from the Chief Magistrate, Nakuru if the same were presented within the prescribed time. No attempt was made to present the papers within the prescribed time.

10 min read

Judgment[1995] KEHC 7627 August 1995

Kimani Wanyoike v Electoral Commission & another

High Court at NakuruKimani Wanyoike,Gitobu Imanyara,Imanyara,Kivuitu Mr,KivuituCase number Miscellaneous Civil Case 111 of 1995

Division and case type: CivilCivil Case

10 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.

appeal allowedAllowed67 min read

Judgment[1995] KECA 14213 August 1995

Daniel M. Njai v High View Farm Ltd & another

Court of Appeal at NairobiBhandari,judge stated Court,JUDGE APPEALCase number Civil Appeal 139 of 1989

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Omolo & Lakha JJ A) CIVIL APPEAL NO 139 OF 1989 BETWEEN DANIEL M. NJAI ............................APPELLANT AND HIGH VIEW FARM LTD...................RESPONDENT GEORGE N.

appeal failsDismissed11 min read

Judgment[1995] KEHC 1098 August 1995

Pius Kabunga v Republic

High Court at EldoretCase number Criminal Appeal 75 of 1993

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL APPEAL NO 75 OF 1993 PIUS KABUNGA……….....…………APPELLANT VERSUS REPUBLIC…………………………RESPONDENT

appeal is allowedAllowed4 min read