Court decisions & case law

Judgment[1991] KECA 1331 July 1991

Mangi v Munyiri & another

Court of Appeal at NairobiShieldsCase number Civil Appeal 143 of 1990

Division and case type: CivilCivil Appeal

Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction

Appeal dismissedDismissed15 min read

Judgment[1990] KEHC 542 October 1990

Bachitter Singh Chase v Barclays Bank of Kenya Ltd

High Court at NairobiAluoch,It,Mutula Kilonzo,AkinCase number Civil Case 4549 of 1987

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…..……..

suit failsDismissed22 min read

Judgment[1990] KEHC 621 April 1990

Kamau Muchiri v Republic

High Court at KisumuCourt,Udo UdomaCase number Criminal Appeal 34 of 1990

Division and case type: CriminalCriminal Appeal

stated that the owner of the lorry to show cause why maize and lorry should not be forfeited, that order did not preclude the owner of the maize to appear if he was not the owner of the lorry, and claim his maize. The appellants aware of that order as it was made in their presence at the sitting in which the court had convicted them and during the continuation of the same proceedings as it is apparent from the Court record of the proceedings of that day.

appeal is dismissedDismissed15 min read

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED WAREHOUSES LIMITED…..……….…..1ST DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s

14 min read

Judgment[1987] KEHC 8122 June 1987

National Drycleaners Ltd & another v Ndune

High Court at NairobiSimpson,Brettcivil appeal No 79 of 1979

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL APPEALS NO 79 & 80 OF 1987 NATIONAL DRYCLEANERS LTD & ANOTHER …..…….……APPELLANTS VERSUS NDUNE……………………………………….....….………..RESPONDENTS RULING The Notice of Motion filed in civil appeal No 79 of 1979 (which application is dated 9th June 1987 and filed on 10th June 1987) was by consent of counsel heard together with a similar application in civil appeal No 80 of 1987. I heard the applications on 16th June, 1987 and in view of the urgency of the m

9 min read

Judgment[1987] KEHC 4125 May 1987

Mulandi v Republic

High Court at MachakosCourtCase number Criminal Appeal 95 of 1987

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL APPEAL NO 95 OF 1987 MULANDI………,……………….………APPELLANT V REPUBLIC…………………………………..RESPONDENT

1 min read

Judgment[1987] KECA 21 April 1987

Virginia Edith Wambui Otieno v Joash Ochieng Ougo & Omolo Siranga

Court of Appeal at NairobiShields,Bosire,we ask Judges,disqualify JudgesCivil Appeal 31 of 1987

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.

6 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.

Judgment[1985] KECA 10511 March 1985

Kinuthia v Republic

Court of Appeal at NakuruHigh,CourtCriminal Appeal No 160 of 1984

Division and case type: CriminalCriminal Appeal

Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment. Kinuthia The appellant was convicted of theft from a person contrary to section 279 (a) of the Penal Code and sentenced to fourteen months imprisonment plus four strokes.

3 min read

Judgment[1985] KECA 3011 March 1985

Kinuthia v Republic

Court of Appeal at NakuruHigh,CourtCase number Criminal Appeal 160 of 1984

Division and case type: CriminalCriminal Appeal

Appeal dismissedDismissed3 min read

Judgment[1985] KECA 3224 February 1985

Njoki v Mutheru & 3 others

Court of Appeal at Nairobijudge held Mary Njoki,judge say Mr,judge continued Mr,judge Mary,judge Mary Njoki,Simpson,Sachdeva November,Muli January,SACHDEVA,judge distinguished Mary,judge should found Mary,JUDGE APPEAL,Kirundi,

Judgment[1983] KEHC 3124 October 1983

James Odemba Otieno v Republic

High Court at NairobiCourt,HoweverCase number Criminal Appeal 6 of 1983

Division and case type: Milimani Commercial CourtsCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT (Appeal from Conviction and Sentence of the Court Martial at 7th Kenya Rifles Langata Barracks, Nairobi)

18 min read

Judgment[1983] KECA 114 April 1983

Johnson Nyoike Muiruri v Republic

Court of Appeal at NairobiBridge,judge noted Maina,JUDGE APPEAL,Nebutele,MuliCase number Criminal Case 44 of 1982

Division and case type: CriminalCriminal Case

IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT

14 min read

Judgment[1983] KECA 3714 April 1983

J.M v Republic

Court of Appeal at NairobiBridge,JUDGE APPEALCase number Criminal Appeal 44 of 1982

Division and case type: CriminalCriminal Appeal

14 min read