Judgment[1987] KECA 84
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL, AT NAIROBI (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO. 38 OF 1985 KARANJA …………………………………………………….APPELLANT VERSUS INTER CONTINENTAL HOTEL & ANOTHER….......…..RESPONDENTS
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: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….
Division and case type: Environment and LandLand Case
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO. NAI 18 OF 1987 OTIENO……………………………… APPLICANT VERSUS OUGO & ANOTHER….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J)
Division and case type: CivilCivil Appeal
The defendants thereafter hurried to this court and successfully sought the injunction and order granted on January 7, 1987 pending the hearing of the interlocutory appeal. The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte injunction against the appellants without giving the appellants the benefit of a hearing inter partes; (2
Division and case type: CRIMINAL DIVISIONCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Nyarangi, Platt & Apaloo JJA) CRIMINAL APPEAL NO. ALEXANDER NYACHIRO MARUBE 2.
Division and case type: CriminalCriminal Appeal
unreasonable to hold that the mere possession of the pistol on this date is sufficient to found a conclusion that the appellant participated in the robbery. Neither the trial magistrate nor the High Court pinpointed the evidence they considered cogent enough to justify the conclusion that the 1st appellant participated in the robbery.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: KNELLER, NYARANGI JJA & GACHUHI Ag JA) CIVIL APPEAL NO. 105 OF 1985 JAMES NDUHIU MACHARIA ……...…………….……APPELLANT VERSUS MWOTIA MACHARIA ……………………..……….RESPONDENT (Appeal from a Ruling and Order at the High Court at Nyeri, Patel J)
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Hancox, Nyarangi and Platt, JJ A) CIVIL APPEAL NO 49 OF 1984 BETWEEN ABDALLA HUSSEIN KILO………………………………….……….. APPELLANT AND KOMBO KASSIM OMAR IDA-SA-GODANA RANCHING CO-OP SOCIETY…....……….…RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of reading in draft the judgment of Platt,
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 5 OF 1984 BETWEEN BAKSHISH SINGH & BROTHERS ………….………...............…………….. APPELLANTS AND PANAFRIC HOTELS LIMITED ………..…………….....................…………..
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….….. APPLICANT AND JAMES THIGA MUKURO …………………………..……...…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not atten
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….….. APPLICANT AND JAMES THIGA MUKURO …………………………..……...…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing of the application but did not atten
Division and case type: CriminalCriminal Appeal
is between one to ten and one to twelve. It is not difficult to arrange well-conducted parades.
Division and case type: CivilCase number Civil Application
IN THE COURT OF APPEAL AT NAIROBI (Coram; Platt, JA (In Chambers) CIVIL APPLICATION NO NAI 130 OF 1986 ( In the matter of an intended appeal ) BETWEEN LOISE WAINARO WAMITI …………………………...……………….. PETER WAINARO WAMBUNYU ) 2.
Division and case type: CivilCivil Appeal
application through an advocate seeking for review of the judgment and prayer for consequential orders after the judgment to be set aside and the case to be heard on merit. The application was grounded on the fact that they being some of the defendants they were not summoned to appear before the arbitration panel and that judgment was given against them and were made to pay costs in a matter which they had not heard.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO. 2 OF 1986 BETWEEN MOHAMED MAHMOUD JABANE............................................................APPELLANT AND HIGHSTONE BUTTY TONGOI OLENJA................................................RESPONDENT JUDGMENT OF HANCOX JA.
Division and case type: CivilCivil Appeal
For all the foregoing reasons, then, I would allow the appeal, I would set aside the learned judge’s order striking out the winding up petition and I would order that the petition should proceed to hearing subject to the Rules being complied with. I would not make any order regarding prayer five in the memorandum of appeal as regards the proposed further advertisements, and I agree that the notice of grounds for affirming the decision should be dismissed.
Division and case type: CivilCivil Appeal
declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a declaration on an originating summons.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Madan Ag CJ, Nyarangi JA & Platt Ag JA) CRIMINAL APPEAL 55 OF 1986 BETWEEN MAGHENDA...................................................APPELLANT AND REPUBLIC...............................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)