Case law
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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
…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…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
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…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
Division and case type: CivilCivil Appeal
…Such help as he thought he could get was from the majority judgment in the Hintz case. Now, what is the ratio of the judgment in that case?…
…We think, with respect, both concepts were confused in the majority judgment. The difficulty of the majority judgment can be shown by the following illustration.…
Division and case type: CriminalCriminal Appeal
…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…
…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…
Division and case type: CivilCivil Suit
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
Division and case type: CivilCivil Appeal
….……….RESPONDENT (Being an appeal from the judgment of the High Court of Kenya at Machakos (Justice Osiemo) on the 5th May, 1994 in H.C.C.C.…
Division and case type: CriminalCriminal Appeal
…...........................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO. 359 OF 1991) ********** JUDGMENT…
Division and case type: CivilCivil Appeal
…Firstly, there was application by Advocate Mr Kwach for the blood relations of the late S M Otieno after the judgment of Honourable Mr Justice Shields giving the corpse of the late S M Otieno to his wife Mrs Virgina Edith…
…The appeal from the judgment of Hon Mr Justice Bosire was in fact filed on the 13th March, 1987 and procedural impeding arose, i.e.…
Division and case type: CivilCivil Appeal
…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…
Division and case type: CivilCivil Appeals numbered
…NAI 123 OF 1997 BETWEEN MACHAKOS RANCHING COMPANY LIMITED.................APPLICANT AND WAEMA ITUMO MUOKA...........................................RESPONDENT (Applications for extension of time in intended appeals from a Judgments…
…It was stated quite categorically by Upjohn LJ in the case of In re Pritchard Decd (1963) 2 W.L.R. 685 at page 698: "I do not think that the earlier cases or the later dicta upon them prevent me from saying that, in my judgment…
Division and case type: CivilCivil Appeal
…APPELLANT AND BETH MBENE MWATHI GRACE WANJIRU MWATHI ........................RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Bosire) dated 24th June, 1992 in P & A 121 OF 1988) *******…
…********************** JUDGMENT OF THE COURT Ngugi Mwathi Wangige (the deceased) died on 9th March, 1987 at Nazareth Hospital aged 65.…
Division and case type: CriminalCriminal Appeal
…Onduma - Court Clerk JUDGMENT The appellant was charged in the Principal Magistrate’s Court at Kibera with the offence of robbery with violence contrary to section 296 (2) of the Penal Code.…
Division and case type: CivilCivil Appeal
…Reading the S.13 (2) does not appear to say just that: 'S.13 (2) where the court has at the commencement of this Act, heard the case and pronounced judgment thereon, any appeal therefrom shall proceed as if this Act had not…
…When and where can it be said in the current application that orders sought are confined to review only and are not in substance tantamount to appeal rulings/judgments Yet a court cannot sit on appeal over its own decisions…
Division and case type: CivilCivil Appeal
…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…
…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…
Division and case type: CriminalMiscellaneous Criminal Application
…CRIMINAL APPLICATION NO 34 OF 1992 HARUN THUNGU WAKABA........................APPLICANT VERSUS REPUBLIC..................................................RESPONDENT JUDGMENT The applicant in this application, Harun Thungu…
…Mwirichia would interpret ‘without prejudice to’, in its context as meaning ‘apart from’; but we prefer ‘without derogating from,’ the Latin ‘prae’ meaning (for our purpose) before in point of time and ‘judicium’ meaning judgment…