Case law
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Division and case type: CivilCivil Appeal
…SALIM AL AMODY....................................................RESPONDENTS (Appeal from judgment of the High Court of Kenya at Mombasa (Mr Justice J F Shields) dated 12/9/1990 in HCCC No 323 of 1987) ******************…
…**************** JUDGMENT This is an appeal from the judgment and orders of the superior court (Shields J) dated the 12th September, 1990 in HCCC Case No 323 of 1987.…
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 Case
….….PLAINTIFF VERSUS CHARLES KENNEDY WANYA FRANCIS ONSERIC ……………………………………..RESPONDENTS JUDGMENT This is the plaintiff’s claim against the defendant for damages for the personal injuries which she suffered when she and the…
…In this regard it is pertinent that I refer to s 107 (1) and (2) which provide as follows: 107 (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (Appeal from a conviction, judgment, of the High Court of Kenya at Mombasa (Mr. Justice Waki) dated 9th May, 1997 in H.C.CR.…
…In the course of their very short judgment the learned Judges said:- “The drugs in question were found in the house which the appellants had visited.…
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: 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: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…The plaintiff opposed this application stating that judgment was entered by consent on 6th March, 2003 and the defendant has not paid a single penny as a sign of good faith towards reducing the debt.…
…consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest, the attachment o f the property of the judgment…
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 Suit
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
….…….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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
….……….RESPONDENT (From original conviction and sentence in Criminal Case No 744 of 1994 of the Principal Magistrate’s Court at Mombasa – G Aburili, Esq, PM) JUDGMENT The appellant, George Maurice Ogutu was convicted after…
…The facts giving rise to the charge that was laid against the appellant has been well set out in the judgment of the learned trial magistrate.…
Division and case type: CivilCivil Appeal
…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.…