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….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

…Such help as he thought he could get was from the majority judgment in the Hintz case. Now, what is the ratio of the judgment in that case?…

…We think, with respect, both concepts were confused in the majority judgment. The difficulty of the majority judgment can be shown by the following illustration.…

…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…

…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…

…HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record of Appeal out of time from a Judgment…

…The intended appeal is from the superior court in which judgment was entered on June 28, 1990 by Aluoch, J..…

…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…

…Consequently, it is my judgment that the original contract lapsed and was replaced by one embodying the varied duties and remuneration and re-enacting the un-altered terms.…

…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…

…The appeal from the judgment of Hon Mr Justice Bosire was in fact filed on the 13th March, 1987 and procedural impeding arose, i.e.…

…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…

…APPELLANT AND BETH MBENE MWATHI GRACE WANJIRU MWATHI ........................RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Bosire) dated 24th June, 1992 in P & A 121 OF 1988) *******…

…********************** JUDGMENT OF THE COURT Ngugi Mwathi Wangige (the deceased) died on 9th March, 1987 at Nazareth Hospital aged 65.…

…The case was then heard and on 20th May 1994 Githinji J delivered judgment which has given rise to the present appeal.…

…In my judgment this appeal succeeds only on this one ground. I had the advantage of reading in draft the judgments of my Lords Kwach and Akiwumi and I am in entire agreement with them.…

…………RESPONDENT (Appeal from the ruling of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 12th day of May, 1994 in HCCC No 1376 of 1994) ************************************ JUDGMENT Gachuhi JA.…

…In the leading judgment, - at page 671 Lord Esher MR stated: “To my mind there is no doubt that the proposition is true to its fullest extent, that no action lies for acts done or words spoken by a judge in the exercise of…

…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…

…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…

…CRIMINAL APPLICATION NO 34 OF 1992 HARUN THUNGU WAKABA........................APPLICANT VERSUS REPUBLIC..................................................RESPONDENT JUDGMENT The applicant in this application, Harun Thungu…

…Mwirichia would interpret ‘without prejudice to’, in its context as meaning ‘apart from’; but we prefer ‘without derogating from,’ the Latin ‘prae’ meaning (for our purpose) before in point of time and ‘judicium’ meaning judgment…