Case law
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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
…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: 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: CivilCivil Appeal
…Juma) dated the 27th day of June, 1996) in Civil Suit No.4173 of 1989) ************* JUDGMENT OF THE COURT This is an appeal by Samuel Ngure Gathii from a judgment and decree of the superior Court (Mr.…
…A final judgment of a competent Court in any criminal proceedings which declares any person to be guilty of a criminal offence shall, after the expiry of the time limited for an appeal against such judgment or after the date…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
……RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No. 380 of 2013) ****************** JUDGMENT OF THE COURT [1] The appellant, Aggrey…
…Secondly, that the High Court had no jurisdiction to review a decision of the Court of Appeal. [6] In his judgment the learned Judge of the High Court (Majanja J), noted that the judgment in Criminal Appeal No. 363 of 2006…
Division and case type: CriminalCriminal Appeal
…………………………………RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya at Kisii (Mr. Justice V. V.…
…Patel) dated 20th May, 1995 IN H.C.CR.APPEAL NO. 89 OF 1988 ***************************** JUDGMENT OF THE COURT This is a second appeal by the appellant against his conviction.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment…
…CASE NO. 1 OF 1995 ******************* JUDGMENT OF THE COURT This appeal arises out of a conviction for the offence of manslaughter, entered by the superior court (Etyang', J).…
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
…AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT AND MUNSHIRAM & COMPANY LIMITED....................RESPONDENT (Appeal from the Judgment of the…
Division and case type: CriminalCriminal Appeal
…Alukhaba v Director of Public Prosecutions (Criminal Appeal E007 of 2021) [2022] KEHC 16913 (KLR) (23 December 2022) (Judgment) Neutral citation: [2022] KEHC 16913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL…
…RESPONDENT (Being an appeal from the judgment of Hon M Shimenga, Resident Magistrate, in Butere SRMSOC No 39 of 2018, delivered on November 18, 2019) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…
…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…
Division and case type: CivilCivil Appeal
….RESPONDENTS (Appeal from the ruling of the High Court of Kenya at Nairobi of the Chief Justice the Honourable Mr Justice Simpson delivered on 9th August, 1985) in HCCC No 3350 of 1984) ********************************* JUDGMENT…
…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…. ………………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice V.V. Patel) dated 31st May, 1995 IN H.C.CR.A.…
…NO. 398 OF 1994) ************************** JUDGMENT OF THE COURT The appellant's appeal in the superior court was against sentence having abandoned his appeal to that Court against conviction.…
Division and case type: CivilCivil Appeal
…NO. 4446 OF 1994) JUDGMENT Judgment of Gicheru, J.A. 1.…
…That was a second appeal from the judgment and decree of the District judge of Jhansi wo reversed the judgment and decree of Jhansi who reservised the judgment and decree of Musif of Jhansi.…
Division and case type: CivilCivil Appeal
…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Hon.…
…Justice Kuloba) dated 14th November, 1996 in H.C.C.C No. 1610 of 1995 (O.S) ************************** RULING ON TAXATION The bill of costs before me for taxation arises out of a majority Judgment given by the Court on November…
Division and case type: CriminalCase number Criminal Application
…ABDALLA OTIENO KITENGO ...............................APPLICANT AND REPUBLIC .......................................................RESPONDENT (An application for extension of time to lodge an appeal out of time from a Judgment…
…I see nothing of the sort in the judgment of the High Court.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu (Justice Kuloba) dated 31st March, 1995 in H.C.CR.A.…
…NO. 41 OF 1994) *************** JUDGMENT OF THE COURT We think no matter of law is raised before us in this appeal. The trial magistrate found as a fact that the appellant and the respondent knew each other.…
Division and case type: CivilCivil Appeal
…NO. 3065 OF 1996) **************** JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground…
…In our judgment, this appeal has no merit and is dismissed with costs. Dated and delivered at Nairobi this 15th day of December, 1997 A.A. LAKHA ............................. JUDGE OF APPEAL G.S.…