“"error of law"” — court decisions

Judgment[1996] KEHC 3515 July 1996

KIVANDI MUKUSYA v MUTUNGA MATHEKA

High Court at MachakosOsiemo,Muendo,Nzei,Muendo applicant Mrs,Muthusi appeared Dr,Mutunga,MuthusiCase number Civil Appeal 18 of 1985

Division and case type: CivilCivil Appeal

…So, to this court it does not appear right for the appellant to seek orders that the ruling of 17.7.95 be reviewed for an apparent error of law on the face of the record.…

suit dismissedDismissed7 min read

Judgment[1985] KECA 5411 November 1985

Anwar Kipngetich v Republic

Court of Appeal at NairobiJudge Magistrate,judge High Court,JUDGE APPEALCase number Criminal Appeal 14 of 1985

Division and case type: CriminalCriminal Appeal

…He said the omission to consider the defence is an incurable error of law. Grounds 2 and 3 were argued together.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

9 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

appeal failsDismissed7 min read

Judgment[1999] KECA 20321 October 1999

LAWI KIPLAGAT v DELPHIS BANK LIMITED

Court of Appeal at NairobiJUDGE APPEAL,Hira,Mutinda,Ougo,Rustam HiraCase number Civil Appeal 10 of 1999

Division and case type: CivilCivil Appeal

…Indeed, that was an error of law on the face of the record in the application to set aside his judgment dated 20th May, 1998.…

8 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

Appeal dismissedDismissed7 min read