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
….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…
…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…
Division and case type: CivilCivil Appeal
….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…
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: GeneralUnclassified
…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…
…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…
Division and case type: GeneralUnclassified
….................................. 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension of time to file Notice of Appeal out of time in an intended appeal from a Judgment…
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
…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
…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…
Division and case type: CivilCivil Appeal
…The case was then heard and on 20th May 1994 Githinji J delivered judgment which has given rise to the present appeal.…
…In my judgment this appeal succeeds only on this one ground. I had the advantage of reading in draft the judgments of my Lords Kwach and Akiwumi and I am in entire agreement with them.…
Division and case type: CivilCivil Appeal
…Anyona v Kenya Power and Lighting Co Ltd (Appeal E008 of 2022) [2022] KEET 855 (KLR) (Civ) (28 December 2022) (Judgment) Neutral citation: [2022] KEET 855 (KLR) REPUBLIC OF KENYA IN THE ENERGY & PETROLEUM TRIBUNAL CIVIL APPEAL…
…RESPONDENT JUDGMENT 1. The claim herein was brought on behalf of a minor of 9 years of age who has sued through his father.…
Division and case type: Constitutional and Human RightsPetition
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…
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: 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…