Case law
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Division and case type: Constitutional and Human RightsPetition
…He drew my attention to two passages in my judgment in support of this proposition. If he is right, then the overall amount that I held the Petitioner to be entitled to, would also be affected accordingly.…
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC.........................................................RESPONDENT JUDGMENT December 6, 1989, Nyarangi, Gicheru & Kwach, JJA, delivered the following judgment.…
…There is before us an appeal from the judgment of the Commissioner of Assize. Behan delivered on 17th June, 1988 dismissing the appellant’s appeal against conviction and sentence.…
Division and case type: GeneralUnclassified
…The Respondent/Applicant seeks a Review of the judgment of this Court.…
…I noted in my Judgment that there was no set of nal submissions on record on behalf of the Respondent.…
Division and case type: CivilCivil Case
…Throughout the whole of the judgment this point is stressed.…
…Lord Porter’s judgment throughout reflects that “normally a licence is revocable.”…
Division and case type: CivilCivil Appeal
…Consequently there being no defence, judgment was entered as prayed in the plaint, but damages were to be assessed later.…
…Patel’s judgment set out above, even though Mr Justice Cockar’s ruling was later on set aside for want of jurisdiction, thus reinstating Mr Justice J.S.…
Division and case type: CivilCivil Appeal
…NO. 74 OF 1979) **************** JUDGMENT OF THE COURT This is an appeal against the decision of the superior court (Shields, J.) whereby he dismissed an application made on behalf of the appellant to set aside a judgment…
…We may add that we seised of the attack on the judgment entered by Aganyanya , J. against which there is no notice of appeal or any appeal. For these reason the appeal is dismissed with costs.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 359 OF 1991 MARTHA WANGARI NJOKA...................PLAINTIFF VERSUS NAIROBI CITY COMMISSION................DEFENDANT JUDGMENT The only outstanding question…
…The judgment was entered in accordance with the holding in the case of Cleaver – Hume Ltd -vBritish Tutorial College (Africa) Ltd [1975] EA 323.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the High Court at Nairobi, Gachuhi J) JUDGMENT November 7, 1988, Kwach Ag JA delivered the following Judgment.…
…The facts of the case from which this appeal arises are clearly set out in the judgment of Kwach Ag JA which I have read in draft.…
Division and case type: CivilCivil Appeal
….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.…
Division and case type: GeneralUnclassified
…DEFENDANT JUDGMENT This suit came up by way of formal proof.…
…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 1091 OF 1994 ADRIAN WEKULO MUKHEBI.................................PLAINTIFF V ALCON HOLDINGS LTD.........................................DEFENDANT JUDGMENT October…
…, 24, 2002 R Kuloba, Judge delivered the following judgment.…
Division and case type: CivilCivil Case
…Firstly that the judgment which this court pronounced on 10th March, 1989, after an ex parte trial, be vacated.…
…Mr Kishor Nanji, counsel on record for the respondent company conceded that the hearing notice was returned undelivered, but long after the judgment sought to be vacated had been delivered.…
Division and case type: CriminalCriminal Appeal
………RESPONDENT JUDGMENT September 18, 1987, Nyarangi, Gachuhi & Apaloo JJA delivered the following Judgment.…
…He complains against the trial magistrate’s judgment that there was no eye witness to state that he stole the goods. There is evidence on record that he was arrested with stolen items.…
Division and case type: Milimani Commercial CourtsCivil Case
…These two cases were consolidated and this judgment will relate to the two suits.…
…I will refer to them in this judgment as the adult and the infant respectively. The adult was born in 1938. He did not have a great deal of formal education.…
Division and case type: CivilCivil Case
…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…
…Firstly, he relies on the judgment debtor’s own handwritten letter dated 27th November (Exh FGMI) in which, inter alia, he had said: “I request you to instruct the auctioneer to release my vehicle as I have agreed and I am…
Division and case type: Milimani Commercial CourtsCivil Case
…In my judgment, the question of whether or not a police officer prosecutes as agent for a complainant is a question of fact and degree.…
…There is an item No III which is for KShs. 24 for the cost of the proceedings and judgment in Makadara court but it appears that only the judgment, and not the proceedings, was obtained.…
Division and case type: CivilCivil Suit
….…………… DEFENDANT JUDGMENT This is an application for summary judgment expressed to be brought under order 35 Civil Procedure Rules. The plaintiff is a firm of architects.…
…In our case the defendant not only has filed a written statement of defence, but also filed a replying affidavit in opposition of the application for summary judgment.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
…It is that judgment that the defendants are now seeking to have set aside. As at the time the plaintiff’s application dated 23rd September 1999 was made and heard, M/s Lilan, Koech and Co.…
Division and case type: CriminalCriminal Case
…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…
…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…
Division and case type: CivilCase number Civil Application
…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…
…which he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending…