Case law
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Division and case type: CivilCivil Case
Parliament at the next or any subsequent session. They therefore became invalid and detention orders made became null and void ab initio.
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO NAI 16 OF 1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 290 OF 1984 (From Original Conviction and Sentence in Criminal Case No 3500 of the Resident Magistrate’s Court at MakadaraM L Kangatta Esq) MOHAMED MZEE ……………………………………………. APPELLANT V e r s u s REPUBLIC …………………………………………………… RESPONDENT CORAM O’KUBASU Appellant absent, unrepresented and not wishing to be present.
Division and case type: CivilCivil Suit
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Hancox JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 1 OF 1982 BETWEEN MORJARIA.................................................................................APPELLANT AND ABDALLA...............................................................................RESPONDENT (In an appeal from the High Court at Nakuru, Mead J)
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO. 35 OF 1983 REPUBLIC.......................................................................APPLICANT VERSUS HASMUKH MEGHJI SHAH.......................................RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Kneller JA, Chesoni & Nyarangi Ag JJA ) CRIMINAL APPEAL 19 OF 1984 BETWEEN WARINGA..................................................................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from the High Court at Nakuru, Mead J)
Division and case type: CivilCivil Suit
IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made
Division and case type: CivilCivil Case
IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL 357 OF 1983 OKELLO ODERO..................................................................APPELLANT VERSUS REPUBLIC..........................................................................RESPONDENT (Appeal from the Senior Resident Magistrate’s Court, at Machakos)
Division and case type: CivilCivil Appeal
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO 1150 OF 1983 PETER NJENGA……………………………………………………………....PAINTIFF VERSUS JAMES FINLAY (E A) HOLDINGS LTD………………………….................1ST DEFENDANT ENDESHA LTD……………………………………………………................2ND DEFENDANT RULING The plaintiff/applicant moved the court by way of Chamber Summons dated 2nd September 1983 for orders that the defendant’s herein be restrained from borrowing further sums of money using a security
Division and case type: CivilCivil Case
seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution. On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 3636 OF 1981 ALFRED MUHUHO………………………………………………………...................PLAINTIFF AND PIUS MWANGI WANGEREKA………………………………………….....................DEFENDANT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL NO 362 OF 1983 (From Original Conviction(s) and sentence(s) in Criminal Case No 296 of 1982 of the Resident Magistrate’s Court at Kitui J K Mbugua Esq) MONI MAKAU ……………………………. APPELLANT VERSUS REPUBLIC ……………………………… RESPONDENT CORAM: TODD, J Appellant absent, unrepresented and not wishing to be present C W Gatonye (Senior State Counsel) for Respondent
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 638 OF 83 GRACE NYAMBURA MWANGI.............................. APPELLANT (Original Accused No 2) Versus REPUBLIC .............................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 702 OF 1983 (From original convictions(s) and sentence(s) and sentence(s) in Criminal case No.
Division and case type: CivilCivil Appeal
There is an air of ellipsis about Mr Chakava’s argument. It springs no doubt from the terms of the order drawn up as a result of the High Court’s judgment.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Chesoni Ag JA ) CIVIL APPEAL NO. 43 OF 1983 THE EAST AFRICAN POWER AND LIGHTING COMPANY LIMITED …..….....…................…..