Judgment[1985] KECA 3
Case law
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Division and case type: CriminalCriminal Appeal
Ndaa v Republic Court of Appeal, at Mombasa January 24, 1984 Hancox JA, Chesoni and Nyarangi Ag JJA Criminal Appeal No 146 of 1983 Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea of the offence taken - Penal Code s 251. Plea - plea of guilty - pleading to offence of assault causing actual bodily harm - what amounts to plea of guilty to such offence - Penal Code s 251.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Platt Ag JA ) CRIMINAL APPEAL NO. 133 OF 1984 Between JOSEPH KIOKO MUOKI..............................APPELLANT AND REPUBLIC...................................................RESPONDENT (Appeal from the High Court at Nairobi, Aganyanya J)
Division and case type: CivilCivil Appeal
Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter J) Cases 1. Mwangi Githu v Livingstone Ndeete & Others, Court of Appeal No 4 of 1979 Referred 2.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Karinga v Republic High Court, at Nairobi August 20, 1985 Schofield J Criminal Appeal No 1696 of 1984 (Appeal from the resident magistrate’s court at Kibera, P N Mugo Esq) Advocates Appellant absent, unrepresented and not wishing to be present Miss W. August 20, 1985, Schofield J delivered the following Judgment.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 772 OF 1984 AURORA BAKING COMPANY (1975) LTD………………PLAINTIFF/APPLICANT AND PHENNTHA WANINGI AND 3 OTHERS………….DEFENDANTS/RESPONDENTS RULING By an order of this court dated 19.11.84 the hearing of the plaintiff’s/applicant’s application filed in this court on 13.11.84 was stood over to 8.1.85 before the Duty Judge and the caveat lodged in respect of L R No.10445/3 situated in Nyandarua District was extended pending the disposa
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its own discretion whether it should do so. The Attorney-General did not need any authority, nor a reminder, that in the light of the opinions expressed by the Constitutional Court he could terminate the proceedings even when coupled with a wet hope that he would do so.
Division and case type: CivilCivil Suit
proceedings and the amendment of the pleadings, and the position in the instant case is governed by order 1 rule 10. At the time the name of the present defendant was added the plaintiff had lost the right to sue her.
Division and case type: CriminalCriminal Appeal
surrendered under a white flag. I therefore reduce his sentence to three years imprisonment.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE..................................... APPELLANT AND REPUBLIC.................................RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA ATA NAIROBI CRIMINAL APPEAL NO. 1603 OF 1984 BERNARD KIMANI MUCHOKI.......................APPELLANT VERSUS REPUBLIC.....................................................RESPONDENT (Appeal from the Senior Resident Magistrate’s Court at Kiambu, G E O Tunya, Esq)
Division and case type: CivilMiscellaneous Application
Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal – delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules. Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal o
Division and case type: CivilCivil Suit
Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal – delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules. Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal o
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Obilo v Angila High Court, at Kisii May 14, 1985 Masime J Civil Case No 51 of 1985 May 14, 1985, Masime J delivered the following Ruling. This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus Omolo Angila out of land title number Kamagambo/Kanyawanga/164; there is also a prayer for an order for the costs
Division and case type: CivilCivil Case
Kenya Commercial Bank v Nyahururu Blocks & Iron Mongers High Court, at Nairobi April 15, 1985 Masime J Civil Case No 376 of 1978 April 15, 1985, Masime J delivered the following Ruling. On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Thuita v Republic High Court, at Nairobi April 11, 1985 Porter J Criminal Appeal No 39 of 1985 (Appeal from the District Magistrate’s Court at Kibera, W N Giture Esq) Advocates Appellant absent, unrepresented and not wishing to be present Major J Q Mbewa for Respondent April 11, 1985, Porter J delivered the following Judgment. The appellant was charged in the court below with theft from the person contrary to section 279(a) of the Penal Code.
Division and case type: CivilCivil Case
Grinyamwaya v Nairobi City Commission High Court, at Nairobi March 28, 1985 Gachuhi J Civil Case No 1805 of 1984 Cases Obongo & Another vs Municipal Council of Kisumu [1971] EA p 91 at page 96 letter B Rookes v Barnard and others (1964) AC 1129 Kampala City Council v Nakaye [1972] E A 446 at page 448 Matthew Thimbara vs Athumani Singa and another H C C C 2141/82 (unreported) Statutes March 28, 1985, Gachuhi J delivered the following Judgment. The plaintiff a retired employee of the City Council
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates Mr Ndunda for Mr Musyoka for appellant Mr Nyagah for respondent March 18, 1985, O’Kubasu J delivered the following Judgment. The appellant was convicted of careless driving contrary to section 87 of the Traffic Act (cap 403).
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CivilCivil Appeal
children would be an important factor in giving rise to a presumption of marriage, it is not a must in order to give rise to it. As far as the evidence of Mary Njoki herself was concerned she spoke in great detail about her early association and life with the deceased, about their three places of residence in Pumwani, Langata and Lavington where they lived together, about the two houses which the deceased bought in partnership, one of them from the National Housing Corporation, about the amount