Case law
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Division and case type: CivilCivil Appeal
…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…
…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
Division and case type: CivilCivil Appeal
….……………..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.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
Division and case type: CriminalCriminal Appeal
…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.…
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.…
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.…
Division and case type: CivilCivil Appeal
…August 1, 1991 the following Judgment of the Court was delivered..…
…I am reinforced in that view by the judgment in CA No 42 of 1981, Openda v Ahn referred to by Mr Gatonye for the defendant.…
Division and case type: CivilCivil Appeal
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
…I was not told that full reasons as promised in the judgment have been given and/or when. If this be so, then the appeals have not been concluded as claimed by counsel for the applicants.…
Division and case type: CivilCivil Appeal
….……….RESPONDENT (Being an appeal from the judgment of the High Court of Kenya at Machakos (Justice Osiemo) on the 5th May, 1994 in H.C.C.C.…
Division and case type: CivilCivil Case
…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…
…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…
Division and case type: CriminalCriminal Appeal
…...........................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO. 359 OF 1991) ********** JUDGMENT…
Division and case type: CivilCivil Appeal
…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…
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 Appeals numbered
…NAI 123 OF 1997 BETWEEN MACHAKOS RANCHING COMPANY LIMITED.................APPLICANT AND WAEMA ITUMO MUOKA...........................................RESPONDENT (Applications for extension of time in intended appeals from a Judgments…
…It was stated quite categorically by Upjohn LJ in the case of In re Pritchard Decd (1963) 2 W.L.R. 685 at page 698: "I do not think that the earlier cases or the later dicta upon them prevent me from saying that, in my judgment…
Division and case type: CriminalCriminal Appeal
…Onduma - Court Clerk JUDGMENT The appellant was charged in the Principal Magistrate’s Court at Kibera with the offence of robbery with violence contrary to section 296 (2) of the Penal Code.…
Division and case type: CivilCivil Appeal
…Reading the S.13 (2) does not appear to say just that: 'S.13 (2) where the court has at the commencement of this Act, heard the case and pronounced judgment thereon, any appeal therefrom shall proceed as if this Act had not…
…When and where can it be said in the current application that orders sought are confined to review only and are not in substance tantamount to appeal rulings/judgments Yet a court cannot sit on appeal over its own decisions…
Division and case type: CivilCivil Appeal
…The suit was heard by Shields, J. who gave judgment against all the three defendants jointly and severally for the return of the machine which was lying at a police station in Nairobi and damages in the sum of Shs.7,200,000…
Division and case type: Anti-CorruptionCivil Appeal
…King Woolen Mills Ltd (formerly known as Manchester Outtters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates (Civil Appeal 55 of 1993) [1993] KECA 57 (KLR) (16 December 1993) (Judgment) King Woolen Mills…
…RESPONDENT (Appeal from the ruling and order of the High Court of Kenya at Nairobi (Mr Justice Shields) dated 25th February, 1993 in HCCC No 279 of 1993) JUDGMENT 1.…