Case law
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Division and case type: CriminalCriminal Appeal
…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…
Division and case type: CivilCivil Appeal
…Mr Justice Schofield awarded Highstone Butty Tongoi Olenja, the respondent plaintiff (Olenja) Kshs 29,320 special damages with interest on them at 12% a year from 20 February 1980 (the date the plaint was filed) to 22 March…
…90% substituted, the finding of the judge of no contributory negligence by Olenja is set aside and one of 10% substituted, the award of Kshs 786,600 general damages reduced to Kshs 619,200, the award of special damages, interest…
Division and case type: Constitutional and Human RightsElection Petition
…It is to be pointed out that it is not only the petitioner who has an interest in the outcome of the petition but also members of the constituency concerned.…
…It is also for public interest that the question be determined in a judicial system. section 23 (d) of the Act states that the election court shall decide all matters that come before it without undue regard to technicalities…
Division and case type: CivilCivil Suit
…There was no time limit, according to their customs, for the repayment of the loan or advance and no interest was charged on the loan. The defendant demurred and said there was no such transaction known to these clans.…
…The defendant must pay the costs of this litigation and interest at court rates is to run on them from three months after they have been agreed or taxed. This delay will give him time to collect and pay them.…
Division and case type: CivilCivil Case
…. ………………………………………......Shs168,000/= Total Shs 829,100/= Accordingly, judgment is entered for the plaintiff against the defendants jointly and severally for that figure of Shs 829,000/= with costs and interest Dated and Delivered…
Division and case type: CivilCivil Case
…I have come to the conclusion that I should enter judgment for the plaintiff in the sum of Shs 493,440/- with interest and costs thereon as prayed in the plaint.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not cure defects on jurisdiction; it only excuses “undue regard to technicalities of procedure” in the interest…
Division and case type: CivilCivil Case
…The award to carry interest at 12% pa from to-day until payment in full. Dated and Delivered at Mombasa this 2nd Day of November, 1990 E.M. GITHINJI ………………… JUDGE…
Division and case type: CriminalCriminal Appeal
…Rukia had no interest in, nor control over the box; and while it might have turned out that if Hamisi had become tired of holding the box and given it back to Rukia, she might have had control then, he did not do so.…
Division and case type: CivilCivil Appeal
…I would give judgment for the plaintiff Makala Mailu Mumende against the defendant for (i) Shs 1,200/- (ii) Shs 80,000/- With costs and interest at court rates from to-day until payment in full.…
Division and case type: Constitutional and Human RightsJudicial Review
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: CivilCivil Appeal
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: FamilySuccession Cause
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: CivilCivil Case
…I prefer such a guarded way of putting the proposition because many other factors may come into play, such as public interest involved.…
…All things taken together as they presently stand, the Court finds that the application is not well-founded; it is pre-mature, unmeritorious, against the interest of the students, oppressive to the school authorities; does…