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
….……………..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 Suit
…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…
…I would not review or vacate the judgment on this ground either.…
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: 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: 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 Case
…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…
…Consequently, it is my judgment that the original contract lapsed and was replaced by one embodying the varied duties and remuneration and re-enacting the un-altered terms.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
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: 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
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
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: Constitutional and Human RightsPetition
…INTERESTED PARTY JUDGMENT Introduction and background 1. The petitioner is a non-Kenyan, who is at the brink of being rendered stateless. The matter is a culmination of events both within and outside the country.…
…The UNHCR urged the court to ‘give directions as to the suitable and/or alternative place of accommodation for the Petitioner pending judgment in this matter.” 14.…
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
…NO. 443 OF 1994) JUDGMENT OF THE COURT Agip (Kenya) Ltd (the appellant) is one of the major oil companies in Kenya and owns petrol stations in a number of towns and trading centres in the Republic.…
…In his judgment in the case of Abel Salim & Others v.…
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.…