Search court decisions

….………………………… RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield J) dated 16th March, 1983 in Criminal Case No 31 of 1982) JUDGMENT OF THE COURT Elias Apudho Odhowo aged 55, Simon Nyamai, 65,…

…BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October, 1978 in Criminal Case No 85 of 1978 JUDGMENT…

…April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent April 22, 1985, Patel J delivered the following Judgment…

…at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment…

…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…

…Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.”…

…Justice Byram Ongaya on Friday 20th December, 2013) RULING The court delivered the judgment in this case on 20.09.2013.…

…The applicant is aggrieved by the judgment due to arithmetical error because the claimant’s gross salary was Kshs.79,636 and not Kshs.94,599.00 as stated in the judgment. 2.…

…August 9, 1985, Gachuhi J delivered the following Judgment.…

…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…

………RESPONDENT JUDGMENT Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega.…

…In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.…

…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…

…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…

…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…

…September 19, 1988, Gachuhi JA delivered the following Judgment.…

…Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment.…

…August 9, 1985, Gachuhi J delivered the following Judgment.…

…In the case of Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give…

…APPELLANT AND REPUBLIC.........................................................RESPONDENT JUDGMENT December 6, 1989, Nyarangi, Gicheru & Kwach, JJA, delivered the following judgment.…

…There is before us an appeal from the judgment of the Commissioner of Assize. Behan delivered on 17th June, 1988 dismissing the appellant’s appeal against conviction and sentence.…

…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…

…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.…

…(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.…

…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…

…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…

….………..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.…

…APPEAL AT KISUMU (Coram:nyarangi, JA, Gicheru & Kwach, Ag JJA) CRIMINAL APPEAL NO 167 OF 1988 NYAKENYA......................................APPELLANT VERSUS REPUBLIC...............................................DEFENDANT JUDGMENT…

…April 10, 1989, Nyarangi, JA, Gicheru & Kwach, Ag JJA, delivered the following judgment.…