Case law
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Division and case type: CivilCivil Appeal
…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
Division and case type: CriminalCriminal Appeal
…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…
…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…
Division and case type: CivilCivil Case
…...................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil Procedure Act for an order that the rate of interest awarded in the judgment…
…There is on record an application dated 18th and filed on 26th July, 1996 by the plaintiff where a review of the judgment was sought so that the interest should be at the same rate as that charged by Kenya Industrial Estates…
Division and case type: CivilCivil Appeal
…OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (An Appeal from the Judgment…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT…
Division and case type: CivilCivil Case
….............................................DEFENDANT R U L I N G The defendant/applicant has moved the court by way of Chamber Summons under Order 9A Rule 10 of the Civil Procedure Rules for an order that the ex-parte judgment…
…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…DOBIE (K) LTD..............................................................PLAINTIFF VERSUS ADEN AHMED.....................................................................DEFENDANT JUDGMENT In the suit in the lower Court…
…After a full trial the trial magistrate gave judgment in favour of he respondent for the appellant to repair the respondents vehicle to full satisfaction of the respondent.…
Division and case type: CivilCivil Case
…’s Reply to Request for particulars filed in court and costs, the balance of the claim do proceed to summary judgment and that the defendant do pay to the plaintiff the costs of this application.…
…he may be entitled to, without waiting for the determination of any other question between the parties; and the court may upon such application make such order, or give such judgment, as the court may think just.”…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (Appeal from a conviction, judgment, of the High Court of Kenya at Mombasa (Mr. Justice Waki) dated 9th May, 1997 in H.C.CR.…
…In the course of their very short judgment the learned Judges said:- “The drugs in question were found in the house which the appellants had visited.…
Division and case type: CivilCivil Case
…On application by the plaintiff an interlocutory judgment was entered against the defendant and suit listed for formal proof.…
…In that judgment the plaintiff lost 4 fingers of the left hand and he was hospitalised for one month. General damages for pain suffering and loss of amenities were assessed at kshs. 440,000/- on 26th April, 1993.…
Division and case type: CivilCivil Appeal
…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Hon.…
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
Division and case type: CivilCivil Case
…All thiswill be detrimental to the Judgment Debtor and to the plaintiff.…
…In the circumstances of the dispute, it is my view that there are novalid grounds for Appeal and any further delay will cause great loss toDecree Holder and Judgment Debtor.…
Division and case type: CivilCivil Appeal
…NO. 17 OF 1994) ********************** JUDGMENT OF GICHERU, J.A.…
…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…
Division and case type: CivilCivil Case
…In the judgment sought to be stayed, I gave the reasons for arriving at the findings therein.…
…That aspect I have addressed in the said judgment.…
Division and case type: CivilCivil Case
…All thiswill be detrimental to the Judgment Debtor and to the plaintiff.…
…In the circumstances of the dispute, it is my view that there are novalid grounds for Appeal and any further delay will cause great loss toDecree Holder and Judgment Debtor.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT The appellant in this case was charged, tried and convicted of corruption contrary to Section 3(1) of the Prevention of Corruption Act by the Senior Principal Magistrate's court Kakamega.…
…Ogada also complained that the magistrate did not consider the evidence in its totality when he was preparing his judgment as he never alluded at all to the evidence of the defence witnesses. It was Mr.…
Division and case type: CivilCivil Appeal
…The circumstances in which a consent judgment may be interfered with were considered by this Court in Hirani v.…
…Kassam (1952), 19 E.A.C.A. 131, where the following passage from Seton on Judgments and Orders, 7th Edn., Vol.…
Division and case type: CriminalCriminal Appeal
…Onduma - Court Clerk JUDGMENT The appellant was charged in the Principal Magistrate’s Court at Kibera with the offence of robbery with violence contrary to section 296 (2) of the Penal Code.…
Division and case type: CivilCase number Civil Application
…......APPELLANT AND NIFREDA MUDOLA................................................................................................RESPONDENT (Application for extension of time to file and serve Record of Appeal from the judgment…
Division and case type: CivilCivil Appeal
…The applicant has therefore moved the court very expeditiously and the error or misreading or misconstruing the effect of Rule 81, as regards time which had already run, before the copies of the proceedings and judgment were…