Case law
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Division and case type: CivilCivil Appeal
…The trial judge gave summary judgment on the claim in favour of the respondent and rejected the appellant’s claims.…
…He went on to enter judgment for the respondent against the appellant for the sum of Kshs 235,470.30 together with interest at 12% a year from April 17, 1981 until judgment and thereafter at 12% a year until payment in full…
Division and case type: CivilCivil Suit
…The applicant's main ground for seeking review of the judgment and thereafter vacating judgment in issue were laid out in his affidavit in support of the application and they are mainly as follows: He had been let down by…
…I would not review or vacate the judgment on this ground either.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment…
…CASE NO. 1 OF 1995 ******************* JUDGMENT OF THE COURT This appeal arises out of a conviction for the offence of manslaughter, entered by the superior court (Etyang', J).…
Division and case type: CivilCivil Appeal
…The judgment sum therefore came to Shs 7,000/=. Each party was ordered to bear its own costs. There are sixteen grounds of appeal.…
…Apart from the judgment sum awarded by the High Court he is therefore also entitled to salary for the months he had remained unemployed.…
Division and case type: CivilCase number Civil Application
….…………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Meru (Justice S. O. Oguk) dated 12th July, 1990 in H.C.C.A.…
…It is not clear whether or not after the applicant's appeal in the High Court at Meru was dismissed judgment was entered in terms of the award notwithstanding that the respondent proceeded as if that was so and acquired 3…
Division and case type: CriminalCriminal Appeal
…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…
…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Nzuki v Republic High Court, at Mombasa May 11, 1992 Wambilyangah J Criminal Appeal No. 7 of 1992 May 11, 1992, Wambilyanga J delivered the following Judgment.…
Division and case type: CivilCase number Civil Application
…The defendant then applied for a review of the judgment on October 29, 1986, which process commenced on December 9, 1986 and ended successfully on January 13, 1987.…
…But then if Cockar J’s judgment on the first assessment of damages held good, there could hardly have been an appeal.…
Division and case type: CriminalCriminal Appeal
….………….APPLICANT AND REPUBLIC ………………………………………………………..RESPONDENT (Appeal from a judgment, of the High Court of Kenya at Nairobi (Schofied, J.)…
…(Amin, dated 25th February 1986) in Criminal case No. 287 of 1985 JUDGMENT OF THE COURT This appeal concerns the sentences passed by the Resident Magistrate’s court at Nyeri on the appellant upon his conviction of various…
Division and case type: CivilCivil Appeal
…WANG'ONDU.........................RESPONDENT (An appeal from the judgment of Hon Mr Justice Mbogholi-Msagha delivered on 18th March, 1988 in HCCC No 2556 of 1986) ************************** JUDGMENT This is an appeal and…
…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
Division and case type: CivilCivil Appeal
…Such help as he thought he could get was from the majority judgment in the Hintz case. Now, what is the ratio of the judgment in that case?…
…We think, with respect, both concepts were confused in the majority judgment. The difficulty of the majority judgment can be shown by the following illustration.…
Division and case type: CivilCivil Appeal
…APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment…
Division and case type: CivilCivil Appeal
…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…
…She should get the benefit of the judgment now, but that had to be delayed because of the stay. The respondent was entitled to have the decretal sum deposited in an interest bearing account.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…
Division and case type: CivilCivil Appeal
….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…
…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA High Court, at Nairobi Criminal Appeal No 669 of 1987 Gathuri versus Republic November 18, 1985 Porter J delivered the following Judgment.…
…Both seem to have been about the same age, 14 years, and the learned trial magistrate did not conduct a voire dire examination, or consider at any time, even in the judgment whether these witnesses were capable of being sworn…
Division and case type: CivilCivil Appeal
….…….............APPELLANT AND LOISE WANJIRU WACHIRA...........................................RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Nyeri (Justice Tunoi) dated 28th March, 1995 in H.C.C.C.…
…NO. 270 OF 1991) ************************* JUDGMENT OF THE COURT Geoffrey Wachira Mahinda was the original plaintiff (the plaintiff) in this case.…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
…NO. 2843 OF 1993) ********************** JUDGMENT OF THE COURT James Kabui Kinyanjui (the appellant) sued Nahashon Mwithaga Kimani in the superior court seeking, among other reliefs, a declaration that the said Nahashon Mwithaga…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…
…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…