Case law
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Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: CivilCivil Appeal
…The applicant has therefore moved the court very expeditiously and the error or misreading or misconstruing the effect of Rule 81, as regards time which had already run, before the copies of the proceedings and judgment were…
Division and case type: CivilCase number Civil Application
…Such a ruling concerns the nature of the review process rather than the fact that there was a consent judgment. Notice of appeal was given on July 7, 1987. On July 9, copies of proceedings and ruling were bespoken.…
Division and case type: CivilCivil Appeal
….… RESPONDENT JUDGMENT The appellant as the plaintiff sued the respondent/defendant in the High Court for the recovery of Kshs 104,105 for goods sold and delivered, and/or services rendered to the defendant.…
Division and case type: CivilCivil Appeal
…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…
…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…
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: CivilCivil Appeal
…NO. 3818 of 1985) **************************** JUDGMENT OF SHAH. J.A. On 20th March, 1989 the late Mr.…
…Lord Donovan delivering the judgment of court in Perestre1lo case (supra) said at page 486 G: "What amounts to a sufficient averment for this purpose will depend upon the facts of the particular case, but a mere statement…
Division and case type: CivilCivil Appeal
…Like the judgment of a Court, the ruling of a Court is the decision of such a Court in a legal proceeding. It also embraces the reasoning of the judge which leads him to his decision.…
…(and) such research throws up an authority or argument which is material . . . it is better that it should be mentioned in the judgment for the benefit of those who have subsequently to consider the judgment.”…
Division and case type: CivilCivil Appeal
…It is well settled that the omission of a basic document in the record cannot be cured by the filing of a supplementary record – see the passage from Law Ag V-P’s judgment in the decision of this court’s predecessor in Kiboro…
Division and case type: CriminalCriminal Appeal
…MWITA.............................................................APPELLANTS AND REPUBLIC........................................................................RESPONDENT (Appeal from the High Court at Nakuru, Masime J) JUDGMENT…
Division and case type: CriminalCriminal Appeal
…150 OF 1985 BETWEEN NYAMBANE........................................................APPELLANT AND REPUBLIC.......................................................RESPONDENT (Appeal from the High Court at Nakuru, Omolo J) JUDGMENT…
…complainants, the appellant was representing that he had the power and the means to obtain the car for the complainants at the stated price, or, as it is stated in the particulars of the charge set out at the beginning of this judgment…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 133 OF 1984 Between JOSEPH KIOKO MUOKI..............................APPELLANT AND REPUBLIC...................................................RESPONDENT (Appeal from the High Court at Nairobi, Aganyanya J) JUDGMENT…
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: CriminalCriminal Appeal
…CRIMINAL APPEAL 55 OF 1986 BETWEEN MAGHENDA...................................................APPELLANT AND REPUBLIC...............................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT…
Division and case type: CriminalMiscellaneous Application
…BARTLAM [1936] 2 ALL ER 646 at 650, and to remind everybody of the words of Lord Atkin: "The principle obviously is that, unless and until the court has pronounced a judgment upon the merits or by consent, it is to have the…
Division and case type: CivilCivil Appeal
…NO. 1801 OF 1994) ************************** JUDGMENT OF THE COURT This is an appeal from the ruling of the High Court of Kenya at Nairobi (Pall, J. as he then was) delivered on the 1st September, 1994.…
Division and case type: CivilCivil Appeal
…NO. 1801 OF 1994) ************************** JUDGMENT OF THE COURT This is an appeal from the ruling of the High Court of Kenya at Nairobi (Pall, J. as he then was) delivered on the 1st September, 1994.…
Division and case type: CivilCivil Appeal
…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…
Division and case type: CivilCivil Appeal
…Although a number of amendments have been made to the procedure rules since those decisions, rule 85(1) still provides that a record of appeal shall contain … the judgment or order.…
Division and case type: CriminalCriminal Appeal
…Gachuhi JJA) CRIMINAL APPEAL NO. 13 OF 1986 BETWEEN NJIHIA................................................APPELANT AND REPUBLIC....................................RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT…