Case law
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Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…
…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Case
…It is that judgment which the defendants now ask the Court to set aside.…
…Judgment was regularly obtained against him and I see no reason for setting aside that judgment.…
Division and case type: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…
…June 27, 1988, Gachuhi, Apaloo & Masime JJA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…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…
…There is no doubt, however, from the charges and the trial magistrate’s handling of the trial and his judgment, that this appellant was always treated and correctly treated, as the third accused.…
Division and case type: CriminalCriminal Appeal
……RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kakamega (Justice Tanui) dated 17th September, 1993 IN CR. C.…
…JUDGE OF APPEAL The majority Judgment is not signed by Kwach, J.A. I certify that this is a true copy of the original. DEPUTY REGISTRAR…
Division and case type: CriminalCriminal Appeal
….………………………… 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,…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha…
…Registered Land Act (cap 300) section 143(1) Advocates Mr Khakula for the Appellant Mr Bwonwonga for the Republic/Respondent March 13, 1991, the following Judgment of the Court was delivered.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…
…The appellant who was a defendant in the Superior Court, filed an appeal against the judgment of the Superior Court contending that the deceased who was the victim of the suit accident was only six years so as to entittle…
Division and case type: CivilCivil Appeal
………RESPONDENT JUDGMENT Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega.…
…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…
Division and case type: CivilMiscellaneous Application
…August 9, 1985, Gachuhi J delivered the following Judgment.…
…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…
Division and case type: CriminalCriminal Appeal
…It may be that the magistrate failed to appreciate these substantial defects in the evidence because of his incorrect approach to it, the form of his judgment and the defence.…
…The judgment failed to comply with the provisions of Section 169(1) of the Criminal Procedure Code which requires every judgment to contain the point or points for determination, the decision thereon and the reasons for the…
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: CivilCivil Appeal
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CivilCivil Appeal
…September 19, 1988, Gachuhi JA delivered the following Judgment.…
…Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment.…
Division and case type: CivilCivil Appeal
…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CriminalCriminal Appeal
…APPEAL AT KISUMU (Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA) CRIMINAL APPEAL NO 167 OF 1988 NYAKENYA......................................APPELLANT VERSUS REPUBLIC...............................................DEFENDANT JUDGMENT…
…April 10, 1989, Nyarangi, JA, Gicheru & Kwach, Ag JJA, delivered the following judgment.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…
…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…
Division and case type: CivilCivil Suit
…August 9, 1985, Gachuhi J delivered the following Judgment.…
…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…