Case law
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Division and case type: CriminalCriminal Appeal
…It may be that the magistrate failed to appreciate these substantial defects in the evidence because of his incorrect approach to it, the form of his judgment and the defence.…
…The judgment failed to comply with the provisions of Section 169(1) of the Criminal Procedure Code which requires every judgment to contain the point or points for determination, the decision thereon and the reasons for the…
Division and case type: CivilCivil Appeal
…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…
…If there are merits in the defence, it would be unjust not to allow them to be heard, even if judgment had been obtained regularly. On the other hand if there are no merits, judgment should stand.…
Division and case type: CriminalCase number Criminal Application
…ABDALLA OTIENO KITENGO ...............................APPLICANT AND REPUBLIC .......................................................RESPONDENT (An application for extension of time to lodge an appeal out of time from a Judgment…
…I see nothing of the sort in the judgment of the High Court.…
Division and case type: CivilCivil Appeal
…(Appeal from the High Court at Kisumu, Porter J) May 3, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…
…This review followed one before Scriven, J himself, in which he refused to alter his judgment.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu (Justice Kuloba) dated 31st March, 1995 in H.C.CR.A.…
…NO. 41 OF 1994) *************** JUDGMENT OF THE COURT We think no matter of law is raised before us in this appeal. The trial magistrate found as a fact that the appellant and the respondent knew each other.…
Division and case type: CriminalCriminal Appeal
….………..RESPONDENT JUDGMENT June 9, 1987, Gachuhi JA delivered the following Judgment. This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment. The applicant has not filed a notice of appeal.…
Division and case type: CivilCivil Appeal
…RESPONDENT ((Appeal from the Judgement/Ruling of the High Court of Kenya at Kisumu (Omolo J) dated 30th May, 1989 in High Court Civil Case No 215 of 1987) JUDGMENT Judgment of Hancox CJ. 1.…
…The emphasis, as elsewhere in the quotations in this judgment, is mine.…
Division and case type: CriminalCriminal Appeal
…GATHOGO NJUGUNA............................1ST APPELLANT PAUL MUTURI MWANGI........................................ 2ND APPELLANT AND REPUBLIC.......................................................................RESPONDENT JUDGMENT…
…May 24 1988 Torgbor J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 148 OF 1985 BETWEEN ANZAYA.................................................APPELLANT AND REPUBLIC..........................................RESPONDENT (Appeal from the High Court at Kakamega, Aganyanya J) JUDGMENT…
…We have carefully studied the judgment but we are satisfied that, taken as a whole, the judgment shows that the magistrate did not err as regards the burden of proof and that the only interpretation of his judgment is that…
Division and case type: CivilCivil Appeal
….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement of sale of his parcel of land Butsotso/Indangalasia/355 with Charles Sande. The entire parcel of land comprised 11.5 acres.…
…The trial magistrate after considering the evidence, gave judgment for the plaintiff.…
Division and case type: CivilCivil Appeal
…that the judgment is wrong.…
…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO 80 OF 1985 JOHN HAYO OWUOR.....................................PLAINTIFF VERSUS ATTORNEY GENERAL & 2 OTHERS..........DEFENDANT JUDGMENT The plaintiff, John…
…Hayo Owuor, filed this suit against the Hon Attorney General, the Officer in Charge GK Prison Kodiaga (Main) and the Deputy Registrar High Court of Kenya, Kisumu praying for judgment against the defendants generally and…
Division and case type: CriminalCriminal Appeal
…………APPELLANT V REPUBLIC…………………………………..RESPONDENT JUDGMENT Appellant was convicted for possession of changaa and sentenced to 18 months imprisonment. No analyst was called to prove the content of the jerrycan as changaa.…
Division and case type: CriminalCriminal Appeal
………DEFENDANT JUDGMENT September 7, 1987 Torgbor J delivered the following Judgment. Appellant was convicted for stealing and sentenced to 2 years imprisonment for stealing two doors and three padlocks.…
Division and case type: CivilCivil Appeal
…NO. 17 OF 1994) ********************** JUDGMENT OF GICHERU, J.A.…
…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…
Division and case type: Constitutional and Human RightsPetition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: CivilCivil Appeal
…JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT…
…(Appeal from the Judgment and Decree of the High Court at Kisumu, Butler-Sloss J) May 11, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
….…… RESPONDENT JUDGMENT August 18, 1987 Torgbor J delivred the following Judgment.…
Division and case type: CriminalCriminal Appeal
….…… RESPONDENT JUDGMENT August 10, 1987 Torgbor J delivered the following Judgment.…