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…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…

….……..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…

…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…

…AGGARWAL Suing in his capacity as executor of Late Lekraj Aggarwal..................................................APPELLANT AND MUNSHIRAM & COMPANY LIMITED....................RESPONDENT (Appeal from the Judgment of the…

…………………………………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.…

….……………..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.…

…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.…

…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…

…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.…

…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.…

….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.…

…. ………………..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.…

…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.…

…NO. 4972 OF 1987) ***************************************** JUDGMENT OF THE COURT This appeal raises a short issue which is: Can an insurer (or a tortfeasor) who is dealing with the advocates for the injured party upon settlement…

…Mutula Kilonzo Company sought orders of the superior court to enter Judgment in that only if there was a proper assignment by the client to the advocate, could the advocate seek payment and to say so he relied on section…

…. …..RESPONDENTS (Appeal from the judgment and decree of the High Court of Kenya at Machakos (Hon. Mr. Justice J. L. A. Asiemo) dated 17th May, 1995 IN H. C. C. C.…

…NO. 170 OF 1994 ********************* JUDGMENT OF THE COURT Margaret Wambui Kihara (hereinafter referred to as “the deceased”) was knocked down by a motor vehicle registration number KQE 829, the property of Gerald Mbale…

…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…

…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…

…NO. 19 OF 1994) ********************** JUDGMENT OF THE COURT The appellant pleaded guilty to the lesser charge of manslaughter, Musa Bukhuru whom he killed was his work-mate at the Carnivore Restaurant.…

…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.…

…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.…