Search court decisions

……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.…

…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).…

….……… 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.…

…CRIMINAL APPEAL NO. 107 OF 1995 BETWEEN PHILIP MUNYAO MBUVI………………APPELLANT AND REPUBLIC………………………………RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 21st February, 1994 IN H.C.CR…

…NO. 12 OF 1991) JUDGMENT OF THE COURT The appellant was originally charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code.…

…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…

……………………………………RESPONDENTS (Appeal from the judgment of the High Court of Kenya at Nyeri (Patel, J) dated 10th October, 1983 In Civil Case No 186 of 1981) ___________________ JUDGMENT OF THE COURT The respondents, as plaintiffs…

…The High Court record does not say that the plaintiff’s advocate applied for judgment pursuant to the award. But then, the trial Judge could not have entered the judgment without a request to do so.…

…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…

…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…

……………RESPONDENT JUDGMENT OF THE COURT The appellants, Hamisi Bakari and Rukia Dzeri were charged with burglary and theft contrary to sections 304(2) and 279(b) of the Penal Code.…

…The passage quoted from the judgment shows that the learned magistrate had every aspect of the second limb to mind.…

…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…

…. ******************* JUDGMENT OF THE COURT 1. AGNES KASYOKA IBRAHIM, the appellant, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.…

…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…

…Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.”…

…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…

…a perfectly valid judgment.…

…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…

…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…

…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…which he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending…

…SALIM AL AMODY....................................................RESPONDENTS (Appeal from judgment of the High Court of Kenya at Mombasa (Mr Justice J F Shields) dated 12/9/1990 in HCCC No 323 of 1987) ******************…

…**************** JUDGMENT This is an appeal from the judgment and orders of the superior court (Shields J) dated the 12th September, 1990 in HCCC Case No 323 of 1987.…

….…..RESPONDENT (Appeal from a conviction, judgment, of the High Court of Kenya at Mombasa (Mr. Justice Waki) dated 9th May, 1997 in H.C.CR.…

…In the course of their very short judgment the learned Judges said:- “The drugs in question were found in the house which the appellants had visited.…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Mombasa, Apaloo J) July 26, 1988, Gachuhi, Masime JJA & Kwach Ag JA delivered the following Judgment, Karaton Ole Lesarau, the appellant, was charged with the…

…In our judgment the identification evidence in this case was of a very poor quality thus making the danger of mistaken identity even greater.…