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….……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H. C. CR. A. No. 81 of 2004) ************** JUDGMENT OF THE COURT Though Mr.…

…Okenye: I pray that the court proceeds to have the proceedings typed and thereafter prepare a judgment. D. MUSINGA, JUDGE Court: Proceedings to be typed. Judgment on 25/9/2008. D.…

…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…

…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…

…RESPONDENT (appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega) JUDGMENT Judgment of Nyarangi JA. 1.…

…That was followed by a formal proof and a judgment after the proof. The defendant applied to have the ex-parte judgment set aside.…

….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…

…The applicant became aware of the judgment after it had been passed. It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…

……RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No. 380 of 2013) ****************** JUDGMENT OF THE COURT [1] The appellant, Aggrey…

…Secondly, that the High Court had no jurisdiction to review a decision of the Court of Appeal. [6] In his judgment the learned Judge of the High Court (Majanja J), noted that the judgment in Criminal Appeal No. 363 of 2006…

…CRIMINAL APPEAL NO. 107 OF 1995 BETWEEN PHILIP MUNYAO MBUVI………………APPELLANT AND REPUBLIC………………………………RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 21st February, 1994 IN H.C.CR…

…NO. 12 OF 1991) JUDGMENT OF THE COURT The appellant was originally charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code.…

…………………………………RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya at Kisii (Mr. Justice V. V.…

…Patel) dated 20th May, 1995 IN H.C.CR.APPEAL NO. 89 OF 1988 ***************************** JUDGMENT OF THE COURT This is a second appeal by the appellant against his conviction.…

…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…

…CASE NO. 330 OF 1991) ************************** JUDGMENT OF COURT The award filed in the superior court on 7th December, 1992 was not signed by all the persons who made it as is required by rule 10 of Order XLV of the Civil…

…Editorial Note Section 3(1) of the Judicature Act was erroneously cited as section 3(3) in the original judgment.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT JUDGMENT (Appeal…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…NO. 21 OF 1994) ************************ JUDGMENT OF THE COURT On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material…

…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…

…I would not review or vacate the judgment on this ground either.…

…CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment…

…CASE NO. 1 OF 1995 ******************* JUDGMENT OF THE COURT This appeal arises out of a conviction for the offence of manslaughter, entered by the superior court (Etyang', J).…

…CRIMINAL APPEAL NO. 126 OF 1990 BETWEEN TOM JACOB MIDILA OJWANG..............................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from a judgment of the High…

…APPEAL NO. 155 OF 1990) *********************** JUDGMENT OF THE COURT The appellant's vehicle crushed the deceased child then aged ten months while the child was within the verandah of its mother's house.…

…The judgment sum therefore came to Shs 7,000/=. Each party was ordered to bear its own costs. There are sixteen grounds of appeal.…

…Apart from the judgment sum awarded by the High Court he is therefore also entitled to salary for the months he had remained unemployed.…

….……………………… 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.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

….…………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Meru (Justice S. O. Oguk) dated 12th July, 1990 in H.C.C.A.…

…It is not clear whether or not after the applicant's appeal in the High Court at Meru was dismissed judgment was entered in terms of the award notwithstanding that the respondent proceeded as if that was so and acquired 3…

…APPLICANT AND REPUBLIC ……………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya Nakuru (Tanui, J. ) dated 23rd October, 1990 In H.C. CR.…

…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…

…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…