Case law
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Division and case type: CivilCivil Case
…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…
…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…
Division and case type: CivilCivil Case
….……............DEFENDANTS JUDGMENT The plaintiff herein sued the defendants seeking damages arising from an accident in which they sustained while traveling in the defendants’ motor vehicle driven by the defendants, their…
…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…
Division and case type: CivilCivil Suit
…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…
…That the applicant has demonstrated that he has shown various reasons as to why they want the consent judgment set aside.…
Division and case type: CivilCivil Appeal
…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…
…March 21, 1988, Platt JA delivered the following Judgment.…
Division and case type: CivilCivil Case
…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…
…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…
…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…
Division and case type: CriminalCriminal Appeal
…, 1985, the following Judgment of the Court was delivered.…
…The appellate court must then make up its mind not disregarding the judgment appealed from but carefully weighing and considering it.…
Division and case type: FamilySuccession Cause
…Gathuku, Ag Principal Magistrate in Murang’a Senior Principal Magistrate’s Succession Cause No. 219 of 2007 delivered on 20th April 2009) JUDGMENT This judgment is the outcome of the appeal against the ruling of Hon. J.…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 139 OF 1992) ******************* JUDGMENT OF THE COURT The appellant was tried and convicted on various counts of robbery with violence contrary to section 296(1) of the Penal Code and upon his conviction, he was…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 139 OF 1992) ******************* JUDGMENT OF THE COURT The appellant was tried and convicted on various counts of robbery with violence contrary to section 296(1) of the Penal Code and upon his conviction, he was…
Division and case type: CivilCivil Appeal
….……………………….RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nyeri (Hon. Justice J.L.A.…
…Osiemo) dated 10th July, 1996 IN CIVIL SUIT NO. 24 OF 1993) ************************** JUDGMENT OF THE COURT This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was…
Division and case type: CriminalCriminal Appeal
….……….RESPONDENT (From Original Conviction and Sentence in Criminal Case No 312 of 1992 by Njuguna Kimani - RM) JUDGMENT The appellant and two others were jointly charge with grievous harm contrary to section 234 of the Penal…
…In his judgment the learned trial magistrate convicted the appellant on the offence charged and his coaccused on assault while invoking the provisions of section 179 of the Criminal Code.…
Division and case type: CriminalCriminal Appeal
…NO 83 OF 1990 GICHOI………………………………….APPELLANT VERSUS REPUBLIC…………………………....RESPONDENT (From the Original Conviction and Sentence of the District Magistrate’s Court at Othaya, Gothongo DM 1, in Crminal Case No 472 of 1989) JUDGMENT…
Division and case type: CivilCivil Appeal
…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s appeal.…
Division and case type: CriminalCriminal Appeal
…The learned magistrate made a finding in her judgment that the complainant was of 12 years age. It would seem that such finding was made on the basis of the evidence of the mother.…
…Fortunately, the learned magistrate in her judgment did not take into account, the said cautionary statement which is admission in only six words, namely “It is true, I raped her”.…
Division and case type: CriminalCriminal Appeal
…MAINA KINYEKI………………………………..APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT CRIMINAL APPEAL NO. 462 PATRICK MWANIKI THIAKA…………………………….APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT (Being Appeals from a judgment…
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
Division and case type: CriminalCriminal Appeal
…D.M.’S KIGUMO CRIMINAL CASE NO. 1353/01) KAMANDE GACHIE KIEMBE………………………….APPELLANT VERSUS REPUBLIC……………………………………………………RESPONDENT JUDGMENT The learned State Counsel Mr.…
Division and case type: CriminalCriminal Appeal
….… RESPONDENT JUDGMENT The appellant was charged in the Court of the Resident Magistrate at Eldoret with the two offences, namely indecent assault on a female contrary to section 144(1) of the Penal Code and personating a…
…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…
Division and case type: CriminalCriminal Appeal
…MOSES OROKO ) AND REPUBLIC…………………………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (schofield, J) dated 12th August, in Criminal App No 290 & 291 of 1983) JUDGMENT OF THE COURT The two…
…They included the persons whom we have mentioned at the beginning of this judgment, as well as a man called Sunda, who has not yet been brought before the court.…