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…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…Once a judgment is entered then he would be estopped from challenging it later unless on grounds which would vitiate a contract.…

….……............DEFENDANTS JUDGMENT The plaintiff herein sued the defendants seeking damages arising from an accident in which they sustained while traveling in the defendants’ motor vehicle driven by the defendants, their…

…at court rates from the date of judgment until payment in full. 3. 3 rd Plaintiff – Rachel Wanjira Kamau General damages for pain, suffering and loss of amenities Kshs 45,000/- with interest at court rates from the date…

…DEFENDANT JUDGMENT In 1990 the plaintiff was an employee of Pwani United Builders who were constructing a building at Makupa.…

…In a judgment which was delivered on the 14th November 1989 the plaintiff was awarded Shs. 200,000/=; as general damages for pain, suffering and loss of amenities.…

…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Mombasa, Apaloo J) July 26, 1988, Gachuhi, Masime JJA & Kwach Ag JA delivered the following Judgment, Karaton Ole Lesarau, the appellant, was charged with the…

…In our judgment the identification evidence in this case was of a very poor quality thus making the danger of mistaken identity even greater.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…That the applicant has demonstrated that he has shown various reasons as to why they want the consent judgment set aside.…

…APPELLANT AND REPUBLIC.............................................................RESPONDENT JUDGMENT (From original conviction and sentence of the Resident Magistrate’s Court at Voi N. O.…

…Masara Esq Ag RM) in Criminal Case No 141 of 1989) *************************************** October 24, 1989, Bosire J delivered the following Judgment.…

…RESPONDENT (Being an appeal from the judgment and Conviction in criminal case No. 4169 of 2005 at Mombasa by H.M.…

…Judgment delivered on 27/12/2005 J. MWERA JUDGE…

…On the 1st December 1992 the plaintiff filed a notice of motion in which he sought summary judgment to be entered for him against the defendant.…

…I accordingly gave summary judgment to the plaintiff as prayed in the plaint. There was no attempt by the defendant at all to set aside that judgment.…

…As a result of this document the plaintiff/applicant through his counsel Njuguna & Co, Advocates filed an application on 21st April 1992 to pray for entry of judgment against the defendant/respondent in the sum of Kshs 67,900…

…On this basis, therefore, the plaintiff/applicant prayed for entry of judgment under order 12 rule 6 of the Civil Procedure Rules.…

…In her judgment the learned trial magistrate did not give judgment to applicant for this sum already paid which would have attracted costs. Secondly, there is no mention that the trial was for the balance of 4,000/=.…

…In the premises, I find that the learned trial magistrate erred by not giving appellant judgment for 7,000/= which had been admitted and paid plus interest at court rates.…

….…….RESPONDENT JUDGMENT The appellant, Geoffrey Kamuti Munyao, was convicted after trial by the learned 1st Class District Magistrate, Taveta of the offence of shop-breaking and committing a felony contrary to section 306…

…The evidence adduced in the court below is well set out in the Judgment of the learned trial Magistrate.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya Mombasa (Mr Justice J.F. Shields) dated 7th September, 1990 In H.C.CR.…

…APPEALS NOS 417, 498, 496 & 499 OF 1989) ******************************** JUDGMENT OF THE COURT As the appellant had pleaded guilty at his trial he had a right of appeal against sentence to the High Court which he duly exercised…

….……...2ND DEFENDANT JUDGMENT The plaintiff in this claim seeks a declaration (a) that the registration of the 1st defendant as the owner of the whole of plot No.…

…In my judgment therefore the plaintiff is entitled to the orders he seeks and accordingly there will be judgment for the plaintiff against the defendants as prayed in the plaint.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Commissioner Shah) dated 7th June, 2000 in H.C.CR.A.…

…NO. 77 OF 2000) ******************** JUDGMENT OF THE COURT This being a second appeal, only matters of law arise for our consideration.…

…March 10, 1988, Gachuhi JA delivered the following Judgment..…

…I would allow this appeal and set aside the judgment of the High Court in dismissing the plaintiff’s claim.…

…When brought to the court it originally sought that judgment should be entered for the Plaintiffs against the Defendants jointly and severally, but, during its argument, Mr.…

…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…

…recover from the plaintiff by way of a counterclaim, a sum of money which does not readily reduce the liability of the defendant to the plaintiff, does not entitle the defendant prevent the plaintiff from obtaining a summary judgment…

…On the basis of the foregoing reasons I am satisfied that this is an apt case for the entry of summary judgment. I accordingly enter judgment for the plaintiff as prayed in a 6, c, and d of the plaint.…

…CONSOLIDATED WITH CRIMINAL APPEAL NO.1163 OF 2000 PETER KIMANTHI SIMON...............................................APPLICANT VERSUS REPUBLIC.......................................................................RESPONDENT JUDGMENT…

…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…The following aspects came to the fore during the trial and as I will highlight them in the later part of the judgment I find it convenient to set them out here.…