Judgment[1985] KECA 36
Case law
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Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
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
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 1419 OF 1984 GORDHANDAS DHARAMSHI & BROTHERS LIMITED................................................APPELLANT VERSUS REPUBLIC............................................................RESPONDENT (Appeal from the Second Class District Magistrate’s Court at Nairobi, Miss B L Obayo)
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Hancox & Kneller JJA CIVIL APPEAL NO. 56 OF 1981 BETWEEN CHARLES OLOO..................................................APPELLANT AND KENYA POSTS & TELECOMMUNICATIONS CORPORATION.................................................RESPONDENT (Appeal from the High Court at Nairobi, Nyarangi J)
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Midika v Republic Court of Appeal, at Nairobi January 18, 1985 Kneller, Nyarangi JJA & Platt Ag JA Criminal Appeal No 96 of 1983 (Appeal from the High Court at Nairobi, Sachdeva and Porter JJ) January 18, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment. On January 20, 1983 Mathews Onyango Midika, the appellant, was convicted of stealing by an agent contrary to section 283(b) to the Penal Code and sentenced to four years imprisonment by the senior re
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kigonyere v Republic Court of Appeal, at Nairobi January 7, 1985 Madan, Hancox JJA & Nyarangi Ag JJA Criminal Appeal No 93 of 1984 (Appeal from the High Court at Nairobi, Aganyanya J) January 7, 1985, Madan, Hancox JJA & Nyarangi Ag JJA delivered the following Judgment. The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contr
Division and case type: CriminalCriminal Appeal
conviction set aside and order that each be released forthwith unless otherwise, lawfully held. As for Julius Omando who confessed on oath to having stolen the complainant’s clothes, I direct that he be investigated further.
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller JA) CIVIL APPLICATION NO NAI 33 OF 1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA T NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 1174 OF 1984 (From Original Convictions and Sentences in Criminal Case No 2331 of 1984 of the Senior Resident Magistrate’s Court at Nairobi: J A Mango Esq.) JACKSON KIBEI SEREM …………………………………………….APPELLANT V e r s u s REPUBLIC …………………………………………………………….RESPONDENT CORAM: O’KUBASU, J Appellant absent, not wishing to be present and unrepresented, A K Nyairo (State Counsel) for Respondent) J U D G M E N T The appel
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA TA NAIROBI CRIM APP 1004 OF 84 FREDRIC MBURU MUNY ………………………………..APPELLANT V e r s u s REPUBLIC …………………………………………………. RESPONDENT J U D G M E N T CORAM O’KUBSU J D N Ngatia for Appellant C W Gtonye (Principal State Counsel) for Respondent J U D G M E N T The appellant was convicted on the following two counts: - (i) Forgery contrary to section 349 of the Penal Code; and (ii) Making a document without authority Contrary to Section 357 of the Penal Code.
Division and case type: CriminalCriminal Appeal
Asutia Paul v Republic High Court, at Nairobi November 20, 1984 Abdullah J High Court Criminal Appeal 617 of 1983 Criminal law - motor accident - facts and evidence consistent with both versions - causing death by dangerous driving - effect of disqualification from driving while in prison - whether proper basis was laid for conviction of driver An accident occurred at the junction of General Waruinge Street and 1st Avenue Eastleigh between an Isuzu lorry and a Volkswagen Combi. The driver of
Division and case type: CriminalCriminal Appeal
Othulo v Republic High Court, at Nairobi November 12, 1984 Abdulla J Criminal Appeal 750 of 1984 Criminal law - indecent assault - allegation of frame up - whether the evidence was tainted to warrant reversal of conviction. The appellant was convicted for the offence of indecent assault contrary to section 144(1) of the Penal Code.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA) CRIMINAL APPEAL NO. 150 OF 1983 BETWEEN RICHARD KAITANY CHEMAGONG..................................................APPELLANT AND REPUBLIC.......................................................................................RESPOND (Appeal from the High Court at Eldoret, Mbaya J)
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA MWAURA GATHOGO MUKONO KARANJA .................………………………………………....................... PLAINTIFF VERSUS NEPATAO OLE PUNYUA................…………………………......................................
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL 297 OF 1984 AMOS MBURU GATHAGU..........................................................APPELLANT VERSUS REPUBLIC................................................................................RESPONDENT (Appeal from the Resident Magistrate’s Court at Thika, RN Kamiro Esq)
Division and case type: Milimani Commercial CourtsCivil Case
advocates for all the parties had agreed on the quotum of damages and hence the following consent order was recorded by this court. “By consent judgment for the plaintiff against all the defendants jointly and severally in the inclusive sum of shs 2,153,500 inclusive of costs with court disbursements to be paid by the defendants.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 94 OF 1984 MWANGI CHEGE ……………………………………..APPELLANT (Original Accused I) v e r s u s REPUBLIC ……………………………………………..REPSONDENT CONSLOLIDATED WITH CRIMINAL APPEAL 94 OF 1984 (From original conviction and sentence in Criminal Case 13268 of 1983 of the Resident Magistrate’ Court at Makadara, R M Njiru Esq) THIONGO MWANGI …………………………………APPELLANT (Original Accused2) v e r s u s REPUBLIC …………………………………………….RESPONDEN