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…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.…

…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.…

…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.…

…(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.…

…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.…

….………..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.…

…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.…

…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…

….………..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.…

…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.…

…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…

…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…

…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…

…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…

…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…

…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…

…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.…

…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…

…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…

…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.…

…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…

…He holds the view that the decision was in contrast with the decision or Judgment in Muruatetu case.…