Search court decisions

…Court of Appeal, at Nakuru March 11, 1985 Madan, Hancox & Nyarangi, JJA Criminal Appeal No 161 of 1984 (Appeal from the High Court at Nakuru, Masime J) March 11, 1985, Madan, Hancox & Nyarangi, JJA delivered the following Judgment…

…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.…

…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.…

…an application to set aside the ex-parte judgment in Civil Case No 76 of 1992.…

…– “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree or order upon such terms as are just” Courts have been very liberal on applications of this nature…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Omolo J) April 25, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…

…What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…

…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.…

….……............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…

…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.…

….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…

…Finally, the judgment in Regina v Picker [1970] 2 WLR 1038 to which we were referred raised the question what were the right principles to be applied in deciding whether to impose life sentence eg where the nature of the…

…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.…

…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.…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Tunoi J) February 26, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…

…I am far from saying that that is wrong … but it does, in our judgment place the defendants in a case like this in some difficulty.…

…. ……………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 7th December, 1993 IN H.C.CR.A.…

…NO. 304 OF 1993) ************************* JUDGMENT OF THE COURT The appellant, Kitipa Ole Nkukuu, was after trial convicted of stock theft contrary to section 278 of the Penal Code and sentenced to 4 1/2 years imprisonment…

…REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 384 OF 2000 ESTHER WANJIRU KIARIE …………………………………..PLAINTIFF VERSUS JOSEPH KIARIE NG’ANG’A ………………………………..DEFENDANT JUDGMENT On January 7, 1999 at around 6.30…

…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…

…APPELLANT AND REPUBLIC ...........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Eldoret (justice Aganyanya) dated 27th August, in H.C.CR.A. NO.…

…OF 1989) ****************** JUDGMENT OF THE COURT This is a second appeal and as such only points of law can be argued before us. As far as we can see, there is really no point of law raised before us by the appellant.…

…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…

…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…

…JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT JUDGMENT The appellants…

…In his unsworn statement, the appellant made no attempt to explain his possession of this very large sum of money and in my judgment he was properly convicted.”…

…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…

…NO. 72 OF 1993) ****************** JUDGMENT OF THE COURT This is a second appeal against sentence.…