“"application"” — court decisions

Judgment[1985] KECA 3523 January 1985

Charles Oloo v Kenya Posts & Telecommunications Corporation

Court of Appeal at Nairobijudge Corporation,JUDGE APPEALCase number Civil Appeal 56 of 1981

Division and case type: CivilCivil Appeal

…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…

12 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…By whichever name it is called, it denotes the application of water to that which had by then become ( or which one hopes had by then become) the carcase of the animal taken to the factory for the purpose of being slaughtered…

…However, even on the foreman’s evidence, it transpired that there was a second, to use a neutral expression, application of water, in which the plaintiff was engaged, for he said, “Plaintiff was under my charge.…

28 min read

Judgment[1988] KECA 429 March 1988

Nandwa v Kenya Nazi Ltd

Court of Appeal at MombasaJUDGE APPEAL,OyatsiCase number Civil Appeal 91 of 1987

Division and case type: CivilCivil Appeal

…As was held in Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 at 393 B: “The application of the doctrine of res ipsa loquitur, which was no more than a rule of evidence affecting onus of proof of which the essence…

13 min read

Judgment[1987] KECA 6620 July 1987

Hamisi Bakari & another v Republic

Court of Appeal at Mombasajudge should answered Mr,JUDGE APPEAL,Hakimu himself asked HamisiCase number Criminal Appeal 217 of 1986

Division and case type: CriminalCriminal Appeal

…In R v Pitchley (1973) 57, Criminal Application No 30, “P was held to have assisted in the retention of stolen money, where some forty-eight hours after innocently accepting it from his son for safe keeping and banking it…

14 min read

Judgment[1993] KECA 5715 December 1993

King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Di v ision Ltd &

Court of Appeal at NairobiShields,JUDGE APPEALCivil Appeal 55 of 1993

Division and case type: Anti-CorruptionCivil Appeal

…The application by way of chamber summons for an injunction to restrain the respondents from so acting for the Acceptances and other associated companies or persons came up before the superior court (Shields, J) who in his…

…usual short and crisp ruling dismissed the appellants’ application with costs.…

32 min read

Judgment[1988] KECA 10811 April 1988

Madede & another v Fita & 2 others

Court of Appeal at KisumuJUDGE APPEAL,Wasuna,KhaminwaCivil Appeal 4 of 1986

Division and case type: CivilCivil Appeal

…Ainea has led a viewing of land application in the Lurambi African Court vide the African Court of Appeal 336/57 and this is correct if he feels that your father is interfering with his portion.…

appeal is dismissedDismissed21 min read

Judgment[1983] KEHC 4728 March 1983

BUNDI MAKUBE an infant suing by his next friend THOMAS BUNDI v JOSEPH ONKOBA NYAMURO

High Court at Kisiijudge disbelieved Bundi,JUDGE APPEAL,judge KisiiCIVIL APPEAL NO. 8 OF 1983

Division and case type: CivilCivil Suit

…used to cover both assault and battery, they are two distinct torts, the one being an overt act indicating an immediate intention to commit a battery (Clark & Lindsel 14th Edition para 679), and a battery being the direct application…

21 min read

Judgment[1986] KECA 2215 January 1986

Commercial & Industrial Credit Limited v Commissioner of Income Tax

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 83 of 1984

Division and case type: CivilCivil Appeal

…But the application of the money obtained by the overdraft can provide the real criterion; see for instance, Red’s Brewery Co v Male 3 T.C 279, 1890-1898, Part XLVII page 279, and Jennings v Barfield 40 T.C 365 at 373 per…

25 min read

Judgment[1988] KECA 11731 December 1987

Mediterranean Shipping Co SA v Wheat Board of Kenya the MV Pantera

Court of Appeal at Board Of Kenyaquoted Lord Herschell,JUDGE APPEALCase number Civil Appeal 49 of 1986

Division and case type: CivilCivil Appeal

…Rather the appellant complains that the learned judge erred in his application of the law to the findings of fact and thereby erred in not finding that the consignee was liable to pay demurrage for one day.…

26 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…The largest application should be given to that approach.…

Judgment[1984] KECA 269 May 1984

Ndoo t/a Ngomeni Bus Service v Kakuzi Ltd

Court of Appeal at Nairobijudge held Kakuzi,JUDGE APPEALCase number Civil Appeal 50 of 1983

Division and case type: Anti-CorruptionCivil Appeal

…The appellant claimed, by his plaint, that the second respondent (who was served but failed to enter appearance as a result of which judgment was entered against him as prayed on the application of the advocate for the plaintiff…

31 min read

Judgment[1984] KECA 428 June 1984

Choge & 3 others v Republic

Court of Appeal at NairobiJudge Assessors,Judge Assessors Mr,Judge did direct Assessors,judge find Musamali,judge rely Dr,judge could rely upon Dr,JUDGE APPEAL,Etyang,Kapila,Kibuthu,Witte,Musyoka Annan,Kariuki,Kibithu,