Court decisions & case law

Judgment[1997] KECA 622 December 1997

CECILIA W. MWANGI & another v RUTH W. MWANGI

Court of Appeal at Nyeri

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

prospective petitioner is to strictly adhere to and observe the rules prescribed in the procedure in order to be able to enjoy the rights to which he is entitled under the Constitution. So if the petitioner has failed to meet any obligation which happens to be of a mandatory nature then it will equally defeat the purpose of the Constitution and the Act if the breach of the mandatory obligation is viewed with a blind eye.

76 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.

Appeal allowedAllowed77 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Gachuhi & Apaloo JJA ) CIVIL APPEAL NO 4 OF 1984 BETWEEN CHEGE KIMOTHO & OTHERS............................................ APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J)

30 min read

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NYERI (CORAM: KNELLER, NYARANGI JJA & GACHUHI Ag JA) CIVIL APPEAL NO. 105 OF 1985 JAMES NDUHIU MACHARIA ……...…………….……APPELLANT VERSUS MWOTIA MACHARIA ……………………..……….RESPONDENT (Appeal from a Ruling and Order at the High Court at Nyeri, Patel J)

appeal is allowedAllowed12 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[1983] KEHC 4321 December 1983

Moni Makau v Republic

High Court at NairobiTODD,Appellant absentCase number Criminal Appeal 362 of 1983

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL NO 362 OF 1983 (From Original Conviction(s) and sentence(s) in Criminal Case No 296 of 1982 of the Resident Magistrate’s Court at Kitui J K Mbugua Esq) MONI MAKAU ……………………………. APPELLANT VERSUS REPUBLIC ……………………………… RESPONDENT CORAM: TODD, J Appellant absent, unrepresented and not wishing to be present C W Gatonye (Senior State Counsel) for Respondent

3 min read

Judgment[1983] KEHC 3713 December 1983

Grace Nyambura Mwangi & another v Republic

High Court at NairobiTODDCase number Criminal Appeal 638 of 1983

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 638 OF 83 GRACE NYAMBURA MWANGI.............................. APPELLANT (Original Accused No 2) Versus REPUBLIC .............................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 702 OF 1983 (From original convictions(s) and sentence(s) and sentence(s) in Criminal case No.

3 min read