Court decisions & case law

Judgment[1996] KECA 1832 June 1996

Kenya Commercial Bank Ltd v Fisco(Kenya) Limited & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 109 of 1995

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................

1 min read

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Marna Muchiri,Ougo,Ougo before Bosire,KirundiCase number Civil Application 69 of 1996

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & AKIWUMI, JJ.A. NAI.70 OF 1996 BETWEEN MWANZI ROAD PROPERTIES LIMITED…..……………..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.

3 min read

Judgment[1996] KECA 20225 January 1996

Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein

Court of Appeal at MombasaJudge Kencem,Judge awarded him Shs,JUDGE APPEAL,Khaminwa,Khanna,OngeriCase number Civil Appeal 83 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.

2 min read

Judgment[1995] KECA 16517 October 1995

Macharia v Mungai

Court of Appeal at NairobiShields,judge Plot No,JUDGE APPEALCivil Appeal 85 of 1990

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.

Appeal dismissedDismissed16 min read

Judgment[1995] KECA 6325 July 1995

Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein

Court of Appeal at MombasaJUDGE APPEAL,Khaminwa,KhannaCase number Civil Appeal 83 of 1995

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.

2 min read

Judgment[1994] KEHC 8911 July 1994

Mohamed Saeed Khan v City Commission of Nairobi

High Court at NairobiHeCase number Criminal Revision 43 of 1992

Division and case type: CriminalCriminal Case

then ordered that the said occupants be summoned to appear before it to show cause why a closing order should not be made. The affected tenants duly appeared before the Court including an employee of the applicant known as Harrison Mulwa.

9 min read

Judgment[1994] KECA 6912 June 1994

HERMAN AMBONYA ODONGO v REPUBLIC

Court of Appeal at KisumuOsiemo,JUDGE APPEALCRIMINAL APPEAL NO. 108 OF 1992

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, KWACH & TUNOI) CRIMINAL APPEAL NO. 108 OF 1992 BETWEEN HERMAN AMBONYA ODONGO......................................APPELLANT AND REPUBLIC...................................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO.

1 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

company and that the respondents would hold the Deed Plan, when released, to the Order of the Acceptances. As this letter is also relevant in the negotiations, I reproduce it’s contents hereunder:- “East African Acceptances Ltd Stanbank House Nairobi Dear Sirs, Galot Industries Ltd Purchase of LR Nos 1337 and 1338/2.

32 min read

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

This is one of the exceptions to the general rule that a party against whom an ex parte order has been made, can apply to the Court which made the order to set it aside. The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by the order could apply for it to be discharged, yet it would be contrary to the intention of the Limitatio

Appeal failsDismissed19 min read

Judgment[1992] KECA 1529 November 1992

Joshua Liyayi Musungu v Republic

Court of Appeal at KisumuOsiemo,JUDGE APPEALCase number Criminal Appeal 7 of 1991

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 7 of 1991 JOSHUA LIYAYI MUSUNGU ……….....……….. APPELLANT AND REPUBLIC ………..………………………….… RESPONDENT (Appeal from a sentence of the High Court of Kenya Kakamega (Mr Justice Osiemo) dated 15th October, 1990, In H.C.CR.

appeal is dismissedDismissed1 min read

Judgment[1992] KEHC 1688 September 1992

Agricultural Development Corporation v Container Freighters Co. Ltd

High Court at MombasaInsteadCase number Civil Case 649 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO 649 OF 1991 AGRICULTURAL DEVELOPMENT CORPORATION...........................................PLAINTIFF VERSUS CONTAINER FREIGHTERS CO LTD................................RESPONDENT RULING This application for summary judgment is brought by way of a notice of motion under order 35 rules 1, 2 and 3 of the Civil Procedure Rules. It seeks an order that summary judgment be entered for the plaintiff, Agricultural Development Corporat

case refusedDismissed12 min read

Judgment[1992] KEHC 10630 March 1992

Kinji Ltd & Another v Kogo & Another

High Court at Mombasame on costs,GikandiCase number Civil Case 938 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA Kinji Ltd & Another v Kogo & Another High Court, at Mombasa March 31, 1992 Omolo J Civil Case No. 938 of 1991 March 31, 1992, Omolo J delivered the following Ruling.

4 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.

Application dismissedDismissed8 min read

Judgment[1991] KECA 1331 July 1991

Mangi v Munyiri & another

Court of Appeal at NairobiShieldsCase number Civil Appeal 143 of 1990

Division and case type: CivilCivil Appeal

Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989) Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy. Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction

Appeal dismissedDismissed15 min read

Judgment[1991] KEHC 178 May 1991

Imanyara v Republic

High Court at Nairobijudge High Court,Judge Court,HeCase number Criminal Application 190 of 1991

Division and case type: CriminalCase number Criminal Application

Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.

15 min read

Judgment[1989] KEHC 7815 February 1989

Odhiambo Olel v Republic

High Court at Nairobimagistrate,KhaminwaCase number Criminal Appeal 417 of 1987

Division and case type: CriminalCriminal Appeal

statement made by the appellant to the police and which he gave to the court for perusal.At the conclusion of Mr Chunga’s outline of the facts the appellant then said:- “I agree all the facts.” He was then convicted of the offence and later sentenced to 5 years imprisonment. In passing sentence the learned Chief Magistrate stated that he had taken into consideration what the appellant had stated in mitigation as well as the contents of the appellant’s statement made to the police.

12 min read

Judgment[1988] KECA 11428 September 1988

Kimakia Co-operative Society v Green Hotel

Court of Appeal at NairobiJUDGE APPEAL,HeCase number Civil Appeal 38 of 1986

Division and case type: CivilCivil Appeal

power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.

14 min read

Judgment[1988] KECA 13612 July 1988

Kinyatti v Attorney-General

Court of Appeal at NairobiJUDGE APPEAL,Khaminwa,Ole KeiwuaCase number Civil Appeal 10 of 1988

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo, Masime JJA & Gicheru Ag JA) CIVIL APPEAL NO 12 OF 1987 BETWEEN CHEGE.......................................................... APPELLANT AND SULEIMAN...................................................RESPONDENT (Appeal against the ruling of the High Court at Nairobi, Kwach CA) RULING July 13, 1988, Apaloo, Masime JJA & Gicheru Ag JA delivered the following Ruling.

appeal is dismissedDismissed4 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

Madede & another v Fita & 2 others (Civil Appeal 4 of 1986) [1988] KECA 108 (KLR) (12 April 1988) (Judgment) Madede & another v Ainea Fita & 2 others [1988] eKLR Neutral citation: [1988] KECA 108 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 4 OF 1986 JO NYARANGI, JM GACHUHI & FK APALOO, JJA APRIL 12, 1988 BETWEEN MADEDE & ANOTHER & ANOTHER ............................................... APPELLANT AND AINEA FITA ............................................................

appeal is dismissedDismissed21 min read

Judgment[1988] KEHC 472 March 1988

Syan v Sunset Hotel Ltd

High Court at NairobiHeCase number Civil Case 1271 of 1979

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYAAT NAIROBI CIVIL CASE No. 1271 OF 1979 SYAN..................................................................APPELLANT VERSUS SUNSET HOTEL LTD...................................RESPONDENT

10 min read