Case law
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Division and case type: CivilCivil Appeal
….…… RESPONDENT (Appeal from the judgment of the High Court of Kenya at Eldoret (Mr Justice KKS Aganyanya) dated 24th May, 1989 in HCCC NO 74 OF 1987) JUDGMENT Nairobi Bus Union, the appellant herein, is a public transport…
…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Nzuki v Republic High Court, at Mombasa May 11, 1992 Wambilyangah J Criminal Appeal No. 7 of 1992 May 11, 1992, Wambilyanga J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
….………….APPLICANT AND REPUBLIC ………………………………………………………..RESPONDENT (Appeal from a judgment, of the High Court of Kenya at Nairobi (Schofied, J.)…
…(Amin, dated 25th February 1986) in Criminal case No. 287 of 1985 JUDGMENT OF THE COURT This appeal concerns the sentences passed by the Resident Magistrate’s court at Nyeri on the appellant upon his conviction of various…
Division and case type: CivilCivil Appeal
…WANG'ONDU.........................RESPONDENT (An appeal from the judgment of Hon Mr Justice Mbogholi-Msagha delivered on 18th March, 1988 in HCCC No 2556 of 1986) ************************** JUDGMENT This is an appeal and…
…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final 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
…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: CriminalCriminal Appeal
….……..RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 21/4/94 IN H.C.CR.A.…
…NO. 7 OF 1994) *********************** JUDGMENT OF THE COURT The appellant Daniel Kamau Nganga was, on the 8th day of October, 1993, convicted of five counts, namely, stealing contrary to section 275 of the Penal Code, forgery…
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
…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…
…She should get the benefit of the judgment now, but that had to be delayed because of the stay. The respondent was entitled to have the decretal sum deposited in an interest bearing account.…
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
….................................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: CriminalCriminal Appeal
…Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL…
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 120 OF 1990 BETWEEN JOSEPH KIMANTHI M'MNIRIDUA..............................APPELLANT AND REPUBLIC...............................................RESPOND ENT (Appeal from a judgment of the High Court of…
…Kenya at Nakuru (Tanui, J.) dated 29th March, 1990 in Criminal appeal No. 305 of 1989) ********************** JUDGMENT OF THE COURT The appellant was convicted of attempted robbery contrary to section 297(1) of the Penal…
Division and case type: CivilCivil Appeal
….…….............APPELLANT AND LOISE WANJIRU WACHIRA...........................................RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Nyeri (Justice Tunoi) dated 28th March, 1995 in H.C.C.C.…
…NO. 270 OF 1991) ************************* JUDGMENT OF THE COURT Geoffrey Wachira Mahinda was the original plaintiff (the plaintiff) in this case.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
…NO. 2843 OF 1993) ********************** JUDGMENT OF THE COURT James Kabui Kinyanjui (the appellant) sued Nahashon Mwithaga Kimani in the superior court seeking, among other reliefs, a declaration that the said Nahashon Mwithaga…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…BULEMI.........................................................APPELLANTS AND SAMSON LUWAYI...........................................................RESPONDENT (Appeal from a judgment/order of the High Court of Kenya at…
…Kakamega (Aganyanya , J.) dated 29th day of May, in Civil Appeal No. 22 of 1985) * ****** JUDGMENT OF NYARANGI J.A.…
Division and case type: CivilCivil Appeal
…...................................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment…
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: CriminalCase number Criminal Application
…Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL…
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…