Case law
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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: CriminalCriminal Appeal
…RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Waki & Tuitui, Commissioner of Assize) dated 3rd December, 2001 in H.C.CR.A.…
…NO. 60 OF 1999) ***************** JUDGMENT OF THE COURT: The Republic never supported the conviction of the appellant in the High Court. They still do not do so in this Court.…
Division and case type: CivilCivil Case
…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…
…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…
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: CivilCivil Suit
…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.…
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: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…
…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…
Division and case type: CivilCivil Appeal
…. ………..RESPONDENT (Appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice T. Mbaluto) dated 15th October, 1993, IN ADM.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CivilCivil Appeal
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CriminalCriminal 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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
….……............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…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa & Justice Waki) dated 18th December, 1996, in H.C.CR.A.…
…NOS. 546,547, 548 & 551) ******************* JUDGMENT OF THE COURT Of the three counts of robbery for which the appellants were charged before the Kilifi Senior Resident Magistrate's Court, the first and third counts were…
Division and case type: CivilCivil Appeal
…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.…
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 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: 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: 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: 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: 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.…