Case law
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Division and case type: CivilCivil Case
…DEFENDANTS JUDGMENT By an Originating Summons dated 18th February 1985 and filed in this Court on the same date, the Plaintiff Pauline Wambui Ngari brought this suit against John Kairu the first Defendant, and James Chege…
…Mwicigi Kinuthia for the Defendants, went into much details during the hearing of this suit, I do not think I need to do the same in this judgment.…
Division and case type: CivilCivil Case
…This Court having given judgment in favour of the plaintiff for possession of the suit premises, it is not open to it to reconsider the status of the plaintiff in this or any other application in the suit.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
Division and case type: CivilCivil Case
…This Court having given judgment in favour of the plaintiff for possession of the suit premises, it is not open to it to reconsider the status of the plaintiff in this or any other application in the suit.…
…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…
Division and case type: CivilCase number Civil Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: Milimani Commercial CourtsCivil Case
…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…
…Kasango, J. refused the application, but in doing so she held that the Plaintiff could rely on the letter though its terms were not so clear as to entitle the Plaintiff to judgment on admission based on the letter.…
Division and case type: CriminalCriminal Appeal
…VERSUS REPUBLIC.....................................................RESPONDENT (From original conviction and sentence in Criminal Case No 1685 of 1986 of the Senior Resident Magistrate’s Court at Nakuru: O G Githinji: Esq) JUDGMENT…
…He stated as follows in his judgment: “This case became extremely complex and the pinning of blame or its apportionment became tedious as it involved insiders at the Post Office.…
Division and case type: CivilCivil Appeal
…The applicant has therefore moved the court very expeditiously and the error or misreading or misconstruing the effect of Rule 81, as regards time which had already run, before the copies of the proceedings and judgment were…
Division and case type: CivilCivil Appeal
…NO. 2223 OF 1991 ************************* JUDGMENT OF THE COURT On 7th November, 1991 Githinji J. ruled that the defence filed by Kenya Cooperative Creameries Ltd.…
Division and case type: CriminalCriminal Appeal
…Statutes Penal Code (cap 63) section 322(1) April 30, 1990, Githinji J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
………RESPONDENT JUDGMENT The appellant was convicted by a district magistrate II of stealing, contrary to section 275 of the Penal Code (cap 63).…
Division and case type: CivilCivil Appeal
…February 15, 1985, Madan JA delivered the following Judgment.…
…The facts and background to the present cases have already been set out in detail in the judgment of Madan JA, which I have had the advantage of reading in draft.…
Division and case type: CivilCivil Appeal
…On 22nd day of February, 1993 the superior court (Mbito, J.) by a ruling dated 17th February, 1993, ruled that a judgment of a Rwandese court, registered in the superior court at Nairobi under the Foreign Judgments (Reciprocal…
…Such dating creates complications and I hope in future the superior court will only indicate the date the judgments/rulings are delivered and not when those are typed.…
Division and case type: CivilCivil Appeal
…NO. 3483 OF 1990) **************** JUDGMENT OF THE COURT The respondent sued the appellant in the superior court seeking an order of specific performance of an agreement for sale of agricultural land to which no land control…
Division and case type: CivilCivil Appeal
…. …….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C.…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 402 OF 1985) ********************* JUDGMENT OF THE COURT: The appellant's first appeal to the High Court of Kenya at Mombasa was summarily rejected by Aragon, J. under Section 352(2) of the Criminal Procedure Code…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Bhandari J) dated July 5 1983 in Criminal Case 3 of 1983) JUDGMENT OF THE COURT Anupchand Maghji Rupa Shah (Anupchand) and Vijay Kumar…
…He tackled the evidence again in his judgment just as thoroughly.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi ( Masime, J dated June 10, 1983 in Civil Case 2715 of 1976 ) _________________ JUDGMENT OF THE COURT Panafric Hotels Limited (the employer) is a company…
…His judgment was for the employer against the contractor for Shs 107,915.00 with interest on that sum at eight per cent a year from December 2, 1976 to March 31, 1982 which amounted to Shs 46,027.95 and further interest at…
Division and case type: CriminalCriminal Appeal
…Onduma - Court Clerk JUDGMENT The appellant was charged in the Principal Magistrate’s Court at Kibera with the offence of robbery with violence contrary to section 296 (2) of the Penal Code.…
Division and case type: CivilCivil Appeal
…NO. 3521 OF 1994) *********************** JUDGMENT OF THE COURT The appellant Patrick Campbell Munyuira has appealed against the ruling and Orders made by the superior court (Ole Keiwua J.) on 20th December, 1994.…