Court decisions & case law

Judgment[1986] KECA 286 March 1986

Malonza v Republic

Court of Appeal at Nairobi

Judgment[1986] KECA 2717 February 1986

Barbon Marie & 3 others v Republic

Court of Appeal at NakuruJUDGE APPEALCase number Criminal Appeal 69 of 1985

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAKURU (Coram:Nyarangi JA, Platt & Gachuhi Ag JJA) CRIMINAL APPEAL NO. BARBON MARIE 2.MARWA CHACHA 3.

4 min read

Judgment[1986] KECA 829 January 1986

ATTORNEY GENERAL v GEOFREY NDUNGU THEURI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 51 of 1985

Division and case type: CivilCase number Civil Application

(Application for extension of time to file the notice of the intended appeal from an order of the High Court of Kenya at Nairobi (O’kubasu and Abdullah, JJ ) dated May 20, 1985 In Misc Application 72 of 1984 ) _______________ RULING OF THE COURT Mr Theuri asks this court to award him the costs of this reference because he succeeded in persuading the court to reverse the decision of the single judge of appeal, and costs follow the event. He claimed he had done much research into the facts for th

5 min read

Judgment[1986] KECA 2215 January 1986

Commercial & Industrial Credit Limited v Commissioner of Income Tax

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 83 of 1984

Division and case type: CivilCivil Appeal

would allow the appeal with costs both here and in the High Court, and Local Committee. I would order the commissioner to adjust his assessment as appears may have been envisaged in section 93(2) of the Income Tax Act (cap 470).

25 min read

Judgment[1985] KECA 4128 December 1985

Russell Co. Ltd v Commercial Bank of Africa Ltd & another

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 31 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi & Platt JJA) CIVIL APEEAL NO. 31 OF 1985 BETWEEN RUSSEL CO.

case set asideDismissed32 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA COURT OF APPEAL, AT KISUMU CIVIL APPLICATION NO NAI 116 OF 1985 Madhupaper International Limited versus Kerr (application from the High Court at Nairobi, O’Connor J, Civil Suit 3438 of 1985) December 16, 1985, Kneller, Nyarangi JJA & Gachuhi Ag JA delivered the following Order of the Court. Madhupaper International Limited, the company, manufacturers cartons, tissues and lavatory paper in the industrial area of Nairobi.

application is refusedDismissed19 min read

Judgment[1985] KECA 638 December 1985

Kairu v Shaw & 3 others

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 21 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan Ag CJ, Kneller & Nyarangi JJA) CIVIL APPEAL NO. 21 OF 1985 KAIRU ………………………………..…….APPLICANT VERSUS SHAW & 3 OTHERS……………….....…RESPONDENT

2 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

IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 14 OF 1985 Between ANWAR KIPNGETICH ......................................APPELLANT AND REPUBLIC......................................................RESPONDENT (Appeal from the High Court at Nairobi, O’Kubasu J) JUDGMENT OF THE COURT November 12, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment.

9 min read

Judgment[1985] KECA 465 November 1985

Timsales Ltd v Up & Down Saw Mills (Kenya) Ltd

Court of Appeal at NakuruJUDGE APPEALCase number Civil Appeal 46 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985, Madan Ag CJ delivered the following Judgment. On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable crosscut saw in good working condition.

6 min read

Judgment[1985] KECA 3316 September 1985

Joseph Kioko Muoki v Republic

Court of Appeal at NairobiAganyanya High,JUDGE APPEALCase number Criminal Appeal 133 of 1984

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Platt Ag JA ) CRIMINAL APPEAL NO. 133 OF 1984 Between JOSEPH KIOKO MUOKI..............................APPELLANT AND REPUBLIC...................................................RESPONDENT (Appeal from the High Court at Nairobi, Aganyanya J)

appeal is dismissedDismissed4 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.

15 min read

Judgment[1985] KECA 628 August 1985

Batholomew Muyale v Shem Nyambasi Mulefu & another

Court of Appeal at KisumuJUDGE APPEALCase number Civil Application 41 of 1985

Division and case type: CivilCivil Suit

IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU ...........................DEFENDANT ELIJA NANDI CHIKAMAI................................DEFENDANT (In an intended appeal from an order of the High Court at Kakamega, Aganyanya J in Civil Suit No 13 of 1979) *************************

8 min read

Judgment[1985] KECA 7123 June 1985

Anguko v Republic

Court of Appeal at KisumuVV Patel,Judge Kisumu,JUDGE APPEALCase number Criminal Appeal 143 of 1985

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT KUSUMU (Coram: Hancox, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 143 OF 1983 Between ANGUKO......................................................APPELLANT AND REPUBLIC ................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J)

8 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)

22 min read

Judgment[1985] KECA 13726 February 1985

Meru Express Ser v ices

Court of Appeal at NairobiCockar,judge did make Lubia,JUDGE APPEALCase number Civil Appeal 21 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o

3 min read

Judgment[1985] KECA 3224 February 1985

Njoki v Mutheru & 3 others

Court of Appeal at Nairobijudge held Mary Njoki,judge say Mr,judge continued Mr,judge Mary,judge Mary Njoki,Simpson,Sachdeva November,Muli January,SACHDEVA,judge distinguished Mary,judge should found Mary,JUDGE APPEAL,Kirundi,Njau,Timan Njugi,Njugi,Timan Ndere Njugi,Njugi Wanjiku Njenga,Waithaka,Muite Mary,Kithyoma,Kinuthia,Muite,Kirundi KikuyuCivil Appeal 71 of 1984

Division and case type: CivilCivil Appeal

children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount

appeal is dismissedDismissed41 min read

Judgment[1985] KECA 3523 January 1985

Charles Oloo v Kenya Posts & Telecommunications Corporation

Court of Appeal at Nairobijudge Corporation,JUDGE APPEALCase number Civil Appeal 56 of 1981

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Hancox & Kneller JJA CIVIL APPEAL NO. 56 OF 1981 BETWEEN CHARLES OLOO..................................................APPELLANT AND KENYA POSTS & TELECOMMUNICATIONS CORPORATION.................................................RESPONDENT (Appeal from the High Court at Nairobi, Nyarangi J)

12 min read

Judgment[1984] KECA 669 December 1984

Geoffrey Ndung’u Theuri v Law Society of Kenya

Court of Appeal at NairobiPorter,Chesoni,North Chancery,JUDGE APPEALCase number Civil Application 33 of 1984

Division and case type: CivilMiscellaneous Application

IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller JA) CIVIL APPLICATION NO NAI 33 OF 1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment

application is grantedAllowed15 min read

Judgment[1984] KECA 645 November 1984

Chemagong v Republic

Court of Appeal at NairobiJUDGE APPEALCriminal Appeal 150 of 1983

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA) CRIMINAL APPEAL NO. 150 OF 1983 BETWEEN RICHARD KAITANY CHEMAGONG..................................................APPELLANT AND REPUBLIC.......................................................................................RESPOND (Appeal from the High Court at Eldoret, Mbaya J)

8 min read

Judgment[1984] KECA 10824 September 1984

Henry Nderitu v Republic

Court of Appeal at NakuruJUDGE APPEALCase number Criminal Appeal 38 of 1984

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPEAL 38 OF 1984 HENRY NDERITU …………………………………. APPELLANT AND REPUBLIC ………………………………………..

appeal is dismissedDismissed1 min read