“"decree"” — court decisions

Judgment[1999] KECA 2329 March 1999

BANDAPTAI AGRO & HARDWARE LIMITED v MEA LIMITED

Court of Appeal at NairobiJUDGE APPEAL

Division and case type: GeneralUnclassified

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

2 min read

Judgment[1997] KECA 476 March 1997

Boniface Musyoka Ndolo v Pauline Katonge Musau

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCase number Civil Appeal 34 of 1996

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…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

appeal is allowedAllowed2 min read

Judgment[1997] KECA 3156 March 1997

BONIFACE MUSYOKA NDOLO v PAULINE KATONGE MUSAU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,MusyokaCIVIL APPEAL NO. 34 OF 1996

Division and case type: CivilCivil Appeal

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

appeal is allowedAllowed2 min read

Judgment[1997] KECA 6916 February 1997

CORPORATE INSURANCE CO. LTD v HAMID CHEMICALS LIMITED

Court of Appeal at NairobiJUDGE APPEAL,MairaCase number Civil Appeal 223 of 1995

Division and case type: CivilCivil Appeal

…......................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment and decree…

application is grantedAllowed1 min read

Judgment[1997] KECA 34316 February 1997

CORPORATE INSURANCE CO. LTD v HAMID CHEMICALS LIMITED

Court of Appeal at NairobiJUDGE APPEALCIVIL APPEAL NO. 223 OF 1995

Division and case type: CivilCivil Appeal

application is grantedAllowed1 min read

Judgment[1996] KECA 10322 September 1996

Elijah Wambugu Muriithi v Moses Mathenge Muriithi & another

Court of Appeal at NairobiGithinji,JUDGE APPEALCase number Civil Appeal 35 of 1996

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.…

application succeedsAllowed1 min read

Judgment[1993] KECA 8419 December 1993

Gateway Insurance Company Limited v Paul Kamau Waithaka

Court of Appeal at NairobiTank,JUDGE APPEALCase number Civil Appeal 33 of 1993

Division and case type: CivilCivil Appeal

…………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992) JUDGMENT The issue for determination…

…operation costs : Kshs 190,000/= (c ) Loss of earning to that date: Kshs 475,000/= (d) Loss of diminished earning capacity: Kshs 1,500,000/= (e) Special damages: Kshs 132,008/70 Total: Kshs 2,897,008/70 On 23rd January, 1992 a decree…

11 min read

Judgment[1984] KECA 9329 January 1984

MUTUKU AND ASSOCIATES v FELIX R M KITONGA & BROS LTD

Court of Appeal at MalindiJUDGE APPEALCase number Civil Appeal 12 of 1983

Division and case type: CivilCivil Appeal

…Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree…

1 min read

Judgment[1988] KECA 9918 July 1988

Shiraku v Commercial Bank of Africa

Court of Appeal at NairobiJUDGE APPEAL,Fraser,Ombete,Owino,GibbonsCase number Civil Appeal 16 of 1985

Division and case type: CivilCivil Appeal

…Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 16 OF 1985 Between SHIRAKU...................................................................APPELLANT AND COMMERCIAL BANK OF AFRICA.....................RESPONDENT (Appeal from a decree…

14 min read

Judgment[1994] KECA 855 July 1994

Bernard Kiarie v Thuku Njoroge

Court of Appeal at NairobiWilliam Mbaya,JUDGE APPEALCase number Civil Appeal 76 of 1986

Division and case type: CivilCivil Appeal

…BERNARD KIARIE....................................................................APPELLANT VERSUS THUKU NJOROGE................................................................RESPONDENT (Being an appeal from the judgment and decree…

8 min read

Judgment[1990] KECA 2612 March 1990

LIVINGSTONE OTUNDO v NAIMA MOHAMOUD

Court of Appeal at NairobiJUDGE APPEALCIVIL APPEAL NO. 110 OF 1986

Division and case type: CivilCivil Appeal

…............................................APPELLANT AND NAIMA MOHAMOUD (A minor who had sued through her next friend Mohamoud Ali)..............................................RESPONDENT (An appeal from a judgment and decree…

9 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J) JUDGMENT June 10, 1988, Nyarangi JA delivered the following…

30 min read

Judgment[1993] KECA 8918 October 1993

Trouistik Union International & another v Mbeyu & another

Court of Appeal at NairobiBosire,Judge Court,JUDGE APPEALCivil Appeal 145 of 1990

Division and case type: CivilCivil Appeal

…RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987) JUDGMENT This appeal was very well argued by counsel on both sides.…

17 min read

Judgment[1983] KECA 2616 June 1983

Industrial & Commercial Development Corporation v Onyando & 3 others

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 70 of 1982

Division and case type: CivilCivil Appeal

…First, the respondents admitted liability and, secondly, they did not challenge the decree which meant that the judge could not order that payment of the amount decreed be postponed or made by instalments without the consent…

…the decree.…

8 min read

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…

5 min read

Judgment[1988] KECA 13112 July 1988

Chege v Suleiman

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 12 of 1987

Division and case type: CivilCivil Appeal

…In Alibai v Raichura 20 EACA 24; the headnote reads: “An Order is a formal expression of any decision of a Civil Court which is not a decree.…

…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…

4 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 Alibai v Raichura 20 EACA 24; the headnote reads: “An Order is a formal expression of any decision of a Civil Court which is not a decree.…

appeal is dismissedDismissed4 min read

Judgment[1989] KECA 695 February 1989

Muthike v Kenya Film Corporation Ltd

Court of Appeal at NairobiCockar setting aside Mr,Cockar,JUDGE APPEALCase number Civil Appeal 7 of 1988

Division and case type: CivilCivil Appeal

…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…

…The argument is very well set out on pp 604 and 605 where the distinction was drawn between preliminary decrees and interlocutory orders.…

10 min read

Judgment[1988] KECA 826 November 1988

New Tyres Enterprises Ltd v Kenya Alliance Insurance Company Ltd

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 57 of 1985

Division and case type: CivilCivil Appeal

…The Court was informed from the bar that the full amount payable under the decree has been paid.…

…The power to award interest generally is given to the Court by section 26(1) of the Civil Procedure Act (cap 21) which reads: “26(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree…

appeal failsDismissed7 min read