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: CivilCivil Appeal
…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…
…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…
Division and case type: CivilCivil Appeal
….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…
…The applicant became aware of the judgment after it had been passed. It applied for a stay, and also to be joined as an interested party, but the application was dismissed by Bosire J on 18th October, 1994.…
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
…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: CivilCivil Appeal
…August 1, 1991 the following Judgment of the Court was delivered..…
…I am reinforced in that view by the judgment in CA No 42 of 1981, Openda v Ahn referred to by Mr Gatonye for the defendant.…
Division and case type: CivilCivil Appeal
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
…I was not told that full reasons as promised in the judgment have been given and/or when. If this be so, then the appeals have not been concluded as claimed by counsel for the applicants.…
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
…as I have earlier said, the same passage from Buckley LJ’s judgment in the Bryanston case.…
…In regard to the head five, the issue of mala fides, I have had the advantage of reading in draft the judgment of Kneller JA.…
Division and case type: CivilCivil Appeal
…Nyarangi J (as he then was) gave judgment for the respondent for specific performance, mesne profits and costs after formal proof.…
…Mead J refused to set aside these two judgments (on application before him on the ground of lack of service) on October 23, 1981, and it is from his decision that the substantive appeal is brought.…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
…So the plaintiff prays for judgment for that sum as general damages.…
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
…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…
Division and case type: CivilCivil Case
…OF KENYA ATA NAIROBI MISCELLANEOUS CIVIL CASE NO 60 OF 1984 REPUBLIC ...............................................APPLICANT VERSUS THE COMMISSIONER OF PRISONS.................RESONDENT EX PARTE KAMONJI KANG’ARU WACHIRA JUDGMENT…
…April 24, 1984, Simpson CJ delivered the following Judgment.…
Division and case type: CivilCivil Case
…application in case NAI 33 of 1983 (relating to the other applicant) Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed him by telephone immediately after the judgment…
…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…
Division and case type: CivilCivil Appeal
…………RESPONDENT (Appeal from the ruling of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 12th day of May, 1994 in HCCC No 1376 of 1994) ************************************ JUDGMENT Gachuhi JA.…
…In the leading judgment, - at page 671 Lord Esher MR stated: “To my mind there is no doubt that the proposition is true to its fullest extent, that no action lies for acts done or words spoken by a judge in the exercise of…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Masime J) dated 25th November 1983 IN Criminal Appeal No 372 of 1982 ) JUDGMENT OF THE COURT Gilbert Chege, the appellant, was convicted on July 7 1982…
Division and case type: CivilCivil Appeal
…The suit was heard by Shields, J. who gave judgment against all the three defendants jointly and severally for the return of the machine which was lying at a police station in Nairobi and damages in the sum of Shs.7,200,000…
Division and case type: Anti-CorruptionCivil Appeal
…King Woolen Mills Ltd (formerly known as Manchester Outtters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates (Civil Appeal 55 of 1993) [1993] KECA 57 (KLR) (16 December 1993) (Judgment) King Woolen Mills…
…RESPONDENT (Appeal from the ruling and order of the High Court of Kenya at Nairobi (Mr Justice Shields) dated 25th February, 1993 in HCCC No 279 of 1993) JUDGMENT 1.…