Case law
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Division and case type: CivilCivil Appeal
…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 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 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: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND JOSEPH MURIITHI NYAMU ......................RESPONDENT JUDGMENT (Appeal from Conviction and Sentence of the District Magistrate’s Court at Baricho, J M Kairo Esq) October 18, 1988, Abdullah J 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 JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Omolo J) April 25, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…
…What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…
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: CriminalCriminal Appeal
…. ……………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 7th December, 1993 IN H.C.CR.A.…
…NO. 304 OF 1993) ************************* JUDGMENT OF THE COURT The appellant, Kitipa Ole Nkukuu, was after trial convicted of stock theft contrary to section 278 of the Penal Code and sentenced to 4 1/2 years imprisonment…
Division and case type: CivilCivil Appeal
…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…
…March 21, 1988, Platt JA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…
…Finally, the judgment in Regina v Picker [1970] 2 WLR 1038 to which we were referred raised the question what were the right principles to be applied in deciding whether to impose life sentence eg where the nature of the…
Division and case type: CivilCivil Case
…In the circumstances, he further deponed, the report ought to be adopted as judgment of the court. The second Defendant filed a replying affidavit on his behalf and on behalf of the first Defendant.…
…It would be unprocedural to order that the surveyors joint report be adopted as the judgment of this court.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC ...........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Eldoret (justice Aganyanya) dated 27th August, in H.C.CR.A. NO.…
…OF 1989) ****************** JUDGMENT OF THE COURT This is a second appeal and as such only points of law can be argued before us. As far as we can see, there is really no point of law raised before us by the appellant.…
Division and case type: CriminalCriminal Appeal
…, 1985, the following Judgment of the Court was delivered.…
…The appellate court must then make up its mind not disregarding the judgment appealed from but carefully weighing and considering it.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from a Judgment of the High Court at Nakuru, Tunoi J) February 26, 1988, Platt, Gachuhi & Apaloo JJA delivered the following Judgment.…
…I am far from saying that that is wrong … but it does, in our judgment place the defendants in a case like this in some difficulty.…
Division and case type: FamilySuccession Cause
…Gathuku, Ag Principal Magistrate in Murang’a Senior Principal Magistrate’s Succession Cause No. 219 of 2007 delivered on 20th April 2009) JUDGMENT This judgment is the outcome of the appeal against the ruling of Hon. J.…
Division and case type: CivilCivil Case
…REPULIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL SUIT NO. 384 OF 2000 ESTHER WANJIRU KIARIE …………………………………..PLAINTIFF VERSUS JOSEPH KIARIE NG’ANG’A ………………………………..DEFENDANT JUDGMENT On January 7, 1999 at around 6.30…
…I, therefore, enter Judgment for the Plaintiff as follows: (a) General Damages - Kshs. 1,000,000/= (b) Special Damages - Kshs. 35,984/= TOTAL - Kshs. 1, 035,984/= The Plaintiff will also have the costs of the suit, and interest…
Division and case type: CriminalCriminal Appeal
….……….RESPONDENT (From Original Conviction and Sentence in Criminal Case No 312 of 1992 by Njuguna Kimani - RM) JUDGMENT The appellant and two others were jointly charge with grievous harm contrary to section 234 of the Penal…
…In his judgment the learned trial magistrate convicted the appellant on the offence charged and his coaccused on assault while invoking the provisions of section 179 of the Criminal Code.…
Division and case type: CriminalCriminal Appeal
…JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT JUDGMENT The appellants…
…In his unsworn statement, the appellant made no attempt to explain his possession of this very large sum of money and in my judgment he was properly convicted.”…