Judgment[1985] KECA 62
Case law
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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) *************************
Division and case type: CivilCivil Case
Attorney General v Saeed High Court, at Mombasa July 29, 1985 Aragon J Civil Case No 584 of 1977 July 29, 1985, Aragon J delivered the following Ruling. This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................
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)
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)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Amigo v Republic Court of Appeal, at Kisumu June 21, 1985 Hancox JA, Platt & Gachuhi Ag JJA Criminal Appeal No 175 of 1984 (Appeal from the High Court at Kisumu, Schofield J) June 21, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment. The appellant Michael Otieno Amigo was described in the trial proceedings as the third accused, although in some headings he was listed the fourth.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA Highway Carriers Ltd v Mahrus High Court, at Mombasa May 12, 1985 Aragon J Civil Suit No 494 of 1976 May 12, 1985, Aragon J delivered the following Judgment. In October 1975 Tononoka Haulage Contractors agreed with a subsidiary of the United Nations organization called the World Food Programme to carry some drums of oil from Mombasa to Kigali in Ruanda.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Case
Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/80 (unreported) Reckless V P C Allday & Co Ltd & another, 9 – 018. Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.
Division and case type: CivilCivil Suit
and Mr Jayantilal Shah of that firm took over his defence. He applied on October 11, 1982 for an order that his firm should cease to act for the defendant because it could get no further instructions in the suit from the defendant which the defendant said he had not alternative but to accept and it was all right if the firm did not wish to represent him.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT MOMBASA ( Coram:Kneller, Hancox JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 45 OF 1984 BETWEEN MBELLE......................................................................................APPELLANT AND REPUBLIC............................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC …………………………………………………. RESPONDENT (Appeal from conviction of the High Court of Kenya at Kakamega (Gicheru J) dated 29th November1983 in Criminal Appeal No 372 of 1983) JUDGEMENT OF THE COURT When David Omuse Odera, the appellant therein, appeared before an acting Resident Magistrate at Busia on 27th October 1983 and had the charge of stealing stock contrary
Division and case type: CriminalCriminal Appeal
Ndaa v Republic Court of Appeal, at Mombasa January 24, 1984 Hancox JA, Chesoni and Nyarangi Ag JJA Criminal Appeal No 146 of 1983 Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea of the offence taken - Penal Code s 251. Plea - plea of guilty - pleading to offence of assault causing actual bodily harm - what amounts to plea of guilty to such offence - Penal Code s 251.
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG. JJ.A CRIMINAL APPEALL NO 108 OF 1983 BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October, 1978 in Criminal Case No 85 of 1978 JUDGMENT OF THE COURT Alfayo Mario s/o Mayaka, the appellant, was originally charged with the murder on 13thAugust, 1978, of a woman named Moraa w/o
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 7 OF 1983 PATRICK NYAGUNDIOBEGE....,...............................................................APPELLANT AND REPUBLIC.................................................................................................RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield, J.) dated June 13th 1983 in Criminal Case 17 of 1983 JUDGEMENT OF THE COURT Patrick Nyagundi Obege, the appellant, was co
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox, JJA & Chesoni, Ag JA) CRIMINAL APPEAL NO 31 OF 1983 BETWEEN THOMAS OCHIENG AJWANG ……………………..…………. APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted of being in possession of uncustomed goods contrary to Section 185
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox JJA & Chesoni Ag JA) CRIMINAL APPEAL NO 38 OF 1983 BETWEEN ELIAS APUDHO ODHOWO SIMON NYAMAI LUCAS ODHIAMBO AUGUSTINO OMONDI ……………………………………………….. APPELLANTS AND REPUBLIC ………………………………….………………………… RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield J) dated 16th March, 1983 in Criminal Case No 31 of 1982) JUDGMENT OF THE COURT Elias Apudho Odhowo aged 55, Simon Nyamai, 65, Lucas Odhiambo, 3