Case law
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Division and case type: CivilCivil Appeal
…MWICIGI......................RESPONDENT (Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice Bhandari) dated 11th February, 1988 in Civil Case No 4060 of 1985 ) JUDGMENT This is an appeal…
…by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…
Division and case type: CivilCivil Appeal
…............APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal from Ruling & decree…
Division and case type: CriminalCriminal Appeal
…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL 11 OF 1986 LALJI T/A VAKKEP BUILDING CONTRACTORS............APPELLANT VERSUS CAROUSEL LIMITED..................................................................RESPONDENT JUDGMENT (Appeal from a judgment and decree…
…It follows that this appeal succeeds and is allowed and the judgment and decree of the High Court is set aside and we substitute therefor an order refusing the application for summary judgment.…
Division and case type: CriminalMiscellaneous Application
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: CivilCivil Appeal
…Thus, even though she could bring an action before the grant of probate, as her title derived from the will, she could not obtain a decree until probate was granted. In that case no limited grant had been made.…
…the deceased therein, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Kisii (Aganyanya, Ag J) dated the 18th June, 1982 In Civil Suit No 72 of 1979) JUDGMENT OF HANCOX, AG J A This is a very sad case in which the…
…The judgment and decree of Aganyanya Ag J are set aside, and as Hancox Ag J A agrees, a judgment and decree awarding the plaintiff general damages of Kshs 30,000 substituted. Dated at Kisii this 29th day of March, 1983.…
Division and case type: CivilCivil Appeal
…NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT JUDGMENT (Appeal from the judgment/ decree…
Division and case type: CivilCase number Civil Application
…That the delay is not inordinate and is excusable. d) That the delay is not in any event prejudi cial as the Respondent has also filed a Notice of Appeal. e) That the Applicants intend to appeal against the judgment and decree…
Division and case type: CivilCivil Appeal
…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…
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.…
Division and case type: CivilCivil Appeal
…We reproduce in full the order which was made on the even date: "ORDER OF THE COURT The record of appeal does not include a certified copy of the decree.…
…The last session of this Court at Nyeri saw fake decrees. Important documents and exhibits were withheld and not incorporated in the records of appeal.…
Division and case type: CivilCivil Appeal
…. …..RESPONDENTS (Appeal from the judgment and decree of the High Court of Kenya at Machakos (Hon. Mr. Justice J. L. A. Asiemo) dated 17th May, 1995 IN H. C. C. C.…
Division and case type: CivilCivil Appeal
…That was a second appeal from the judgment and decree of the District judge of Jhansi wo reversed the judgment and decree of Jhansi who reservised the judgment and decree of Musif of Jhansi.…
…The Musif dismissed the suit but the judge decreed it.…
Division and case type: CivilCivil Appeal
…Order IXB rule 8 is in these terms: “Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as may…
…The court has no discretion where it appears there has been no proper service; Kanji Naran v Velji Ramji (1954) 21 EACA 20: and the power to set aside the judgment does not cease to apply because a decree has been extracted…
Division and case type: CivilCivil Appeal
…appeal has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave has been given or refused shall be included in the decree…
Division and case type: CivilCivil Appeal
…...............................................3RD RESPONDENT (Application for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal in the matter of an intended appeal from the judgment & decree…
…By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan & Stratton Advocates do pay:- (a) “the plaintiff (ie the first respondent) the costs…
Division and case type: CivilCivil Suit
…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…
Division and case type: CivilCivil Appeal
…170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT (Appeal from the Judgment and Decree…
Division and case type: CivilMiscellaneous Application
…...............................................3RD RESPONDENT (Application for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal in the matter of an intended appeal from the judgment & decree…
…By its judgment and final decree of the superior court (Pall, J) given on 9th January 1998 the learned judge held, inter alia, that Kaplan & Stratton Advocates do pay:- (a) “the plaintiff (ie the first respondent) the costs…