Judgment[2009] KEHC 568
Case law
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Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A. (IN CHAMBERS) CIVIL APPEAL NO.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, PALL, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
distributed in accordance with the law of intestacy but instead of leaving it at that, he proceeded to order that the appellant and the respondents, as the only surviving persons beneficially entitled to the deceased's estate, should share the suit land in equal shares. This part of the Judge's order cannot be sustained.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………................................……………………… 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.
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.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
When the application came before Aluoch J ex parte on 25th April 1994, she declined to grant the orders sought by the Mayor and directed that all the defendants be served as the matter was of some general public interest. She adjourned the application to 26th April 1994 for hearing inter partes.
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: Commercial and TaxInsolvency Cause
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME & COCKAR JJ A) CIVIL APPEAL NO 111 OF 1990 PAUL JOSEPH NGEI …………………...…… APPELLANT VERSUS OFFICIAL RECEIVER……………..….……. RESPONDENT (Appeal from a Ruling and Order of the High Court at Nairobi (Akiwumi J) dated 14th June 1990 in High Court Bankruptcy Cause No 14 of 1988)
Division and case type: CriminalMiscellaneous Criminal Application
accused persons for trial his Court had become functus officio and could not make any further order thereon. While hearing this constitutional issue, it was submitted before us that after the magistrate committed the accused persons for trial to the High Court counsel tried to draw the learned Chief Magistrate’s attention to the irregularities committed, namely non-compliance with provisions of sections 231 up to 253 of the Criminal Procedure Code, but to no avail due to the hostile attitude hel
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 4549 OF 1987 BACHITTER SINGH CHASE …………..………..PLAINTIFF VERSUS BARCLAYS BANK OF KENYA LTD…..……..
Division and case type: CivilCivil Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.