Case law
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Division and case type: CivilCivil Appeal
…Their complaint was laid before the judge on an application to review the judgment but the court overlooked this vital allegation that vitiates the judgment.…
…of justice and the judgment should be set aside.…
Division and case type: CriminalCriminal Appeal
…OF THE COURT November 12, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment.…
…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…
Division and case type: CivilCivil Appeal
……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…
…reading in draft the judgment of Platt, Ag J A.…
Division and case type: CivilCivil Appeal
….…… RESPONDENT (From a judgment and decree of the High Court at Mombasa, Bosire J, dated the 25th November 1988 in High Court Civil Case No 490 of1984) JUDGMENTS Hancox CJ.…
…And this indeed emerges from the following passage in the judgment of Slesser LJ, which to my mind explains the passage from the earlier judgment of Scrutton LJ at page 612 cited to us by Mr Inamdar.…
Division and case type: CivilCivil Appeal
…our judgment in this appeal dismissing it and reserved our reasons to be given on notice.…
…We now give the reasons for our judgment. “The Sugar wars”…………..…
Division and case type: CivilCivil Appeal
….……… RESPONDENT (Appeal from the judgment and order of the High Court of Kenya at Nairobi (Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987) JUDGMENTS Nyarangi JA.…
…In my judgment on a true construction of sub-section (2) of section 9 of the Land Control Act, a sale agreement is an agreement for a controlled transaction.…
Division and case type: CivilCivil Appeal
…LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant…
…The following is the relevant part of the judgment of the learned judge.…
Division and case type: CivilCivil Appeal
…(Appeal from an Order of the High Court at Nakuru, Mead J) April 16, 1986, Nyarangi JA delivered the following Judgment.…
…In my judgment the trial Judge erred in finding that the material facts which facts the trial Judge considered far too narrowly, were not outside the knowledge of the appellant.…
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
…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…
…So Wamunyama applied to the Bungoma District Magistrate to set aside the ex parte judgment and was successful. He entered appearance and filed his defence.…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…The key to the judgment is the remark - “The parties must recognise the boundary fixed by the Land Registrar.”…
Division and case type: CriminalCriminal Appeal
…NYERI (CORAM: SHAH, BOSIRE & OWUOR JJ A ) CRIMINAL APPEAL NO 108 OF 2000 BETWEEN ANDREW NDAMBUKI MUTHIKE..................APPELLANT AND REPUBLIC .................................................RESPONDENT (Appeal from a judgment…
…That is so but it is clearly implicit from their judgment that they were substituting a conviction under Section 296(1) to one under Section 296(2).…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant…
…A A KNELLER JUDGE OF APPEAL A R W HANCOX JUDGE OF APPEAL Z R CHESONI AG JUDGE OF APPEAL I certify that this is a true copy of the original DEPUTY REGISTAR JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted…
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: CivilCivil Appeal
…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…
…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia…
…When the parties appeared before the learned judge, Mr Waweru was for Ruchathi and he asked for judgment to be entered in terms of the award and for costs of the action and that is what was done.…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…
…Justice Porter) dated 29th September, 1985 in Criminal Appeal No. 107 of 1985) JUDGMENT OF THE COURT The appellant appeals against the judgment of the High Court which on September 27, 1985, affirmed his conviction and one…
Division and case type: CriminalCriminal Appeal
…APPLICANT AND REPUBLIC ……………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya Nakuru (Tanui, J. ) dated 23rd October, 1990 In H.C. CR.…
Division and case type: CivilCivil Appeal
…J) dated 11th August 1989 in Civil case No 163 of 1987) October 23, 1991 the following Judgments were delivered.…
…But that does not apply, in my judgment, to the same extent where the attachment is, if I may so call it, a voluntary one.…
Division and case type: CriminalCriminal Appeal
….……… APPELLANT AND REPUBLIC…………………………… RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Justice V.V. Patel) dated 10th August, IN H.C.CR.A.…
…NO. 442 OF 1995) ************************* JUDGMENT OF THE COURT We think the learned judge was perfectly within his rights to summarily reject the appeal under section 352(2) of the Criminal Procedure Code.…