Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…and Decree of the High Court at Kakamega, Gicheru J)) JUDGMENT Judgement of Gachuhi JA . 1.…
…There is no form of trust that can be inferred after the judgment, unless it was embodied in the judgment.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…NO. 1929 OF 1988 ********************** JUDGMENT OF THE COURT The appellant, Solomon Kamau Njuguna, (the appellant) was the Plaintiff in Nai.…
…It should be noted at the outset that the appellant did not take steps to have the order of dismissal and the judgment set aside until 20th April, 1995.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…On 22nd day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal…
…Such dating creates complications and I hope in future the superior court will only indicate the date the judgments/rulings are delivered and not when those are typed.…
Division and case type: CivilCivil Appeal
…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…
Division and case type: CriminalMiscellaneous Criminal Application
…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…