Case law
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Division and case type: CivilCivil Appeal
…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…
…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…
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
…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: CivilMiscellaneous Civil Application
…That on perusal of the Judgment, the applicant is aggrieved with the entire Judgment and desirous of lodging an appeal. (4).…
…Two issues come into play first whether the applicant had sufficient notice of existence of the Judgment and the outcome of the claim.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND JOSEPH MURIITHI NYAMU ......................RESPONDENT JUDGMENT (Appeal from Conviction and Sentence of the District Magistrate’s Court at Baricho, J M Kairo Esq) October 18, 1988, Abdullah J delivered the following…
…Judgment.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Waki & Tuitui, Commissioner of Assize) dated 3rd December, 2001 in H.C.CR.A.…
…NO. 60 OF 1999) ***************** JUDGMENT OF THE COURT: The Republic never supported the conviction of the appellant in the High Court. They still do not do so in this Court.…
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: 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: 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: CivilCivil Appeal
…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…
…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…
Division and case type: CivilCivil Appeal
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
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 Case
…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…
…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields 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: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…He holds the view that the decision was in contrast with the decision or Judgment in Muruatetu case.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa and Mr. Justice Waki) dated 8th December, 1996 in H.C.CR.A.…
…NO. 264 OF JUDGMENT OF THE COURT The appellant MARY MANGA MESHACK MWASI (the appellant), was charged, tried, convicted and sentenced to an imprisonment term, for the offence of forgery contrary to section 349 of the Penal…
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: CivilCivil Appeal
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…