Judgment[1984] KECA 51
Case law
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Division and case type: CivilCivil Case
IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL 357 OF 1983 OKELLO ODERO..................................................................APPELLANT VERSUS REPUBLIC..........................................................................RESPONDENT (Appeal from the Senior Resident Magistrate’s Court, at Machakos)
Division and case type: CivilCivil Appeal
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL CASE NO 1150 OF 1983 PETER NJENGA……………………………………………………………....PAINTIFF VERSUS JAMES FINLAY (E A) HOLDINGS LTD………………………….................1ST DEFENDANT ENDESHA LTD……………………………………………………................2ND DEFENDANT RULING The plaintiff/applicant moved the court by way of Chamber Summons dated 2nd September 1983 for orders that the defendant’s herein be restrained from borrowing further sums of money using a security
Division and case type: CivilCivil Case
seeking inter alia an order vacating the caution, and on an interlocutory motion obtained an order vacating the caution. On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 3636 OF 1981 ALFRED MUHUHO………………………………………………………...................PLAINTIFF AND PIUS MWANGI WANGEREKA………………………………………….....................DEFENDANT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL NO 362 OF 1983 (From Original Conviction(s) and sentence(s) in Criminal Case No 296 of 1982 of the Resident Magistrate’s Court at Kitui J K Mbugua Esq) MONI MAKAU ……………………………. APPELLANT VERSUS REPUBLIC ……………………………… RESPONDENT CORAM: TODD, J Appellant absent, unrepresented and not wishing to be present C W Gatonye (Senior State Counsel) for Respondent
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 638 OF 83 GRACE NYAMBURA MWANGI.............................. APPELLANT (Original Accused No 2) Versus REPUBLIC .............................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 702 OF 1983 (From original convictions(s) and sentence(s) and sentence(s) in Criminal case No.
Division and case type: CivilCivil Appeal
There is an air of ellipsis about Mr Chakava’s argument. It springs no doubt from the terms of the order drawn up as a result of the High Court’s judgment.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Chesoni Ag JA ) CIVIL APPEAL NO. 43 OF 1983 THE EAST AFRICAN POWER AND LIGHTING COMPANY LIMITED …..….....…................…..
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 23 OF 1983 (From Original Conviction and Sentence in Criminal Case No.1208 of 1982 of the District Magistrate's Court at Kikuyu KamauNjuguna Esq.) JOSEPH NJUGUNA KAMAU ........... APPELLANT VERSUS REPUBLIC…………………………………………………………….RESPONDENT CORAM: O'Kubasu (J) Appellant absent, not wishing to be present and unrepresented.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 23 OF 1983 (From Original Conviction and Sentence in Criminal Case No.1208 of 1982 of the District Magistrate's Court at Kikuyu KamauNjuguna Esq.) JOSEPH NJUGUNA KAMAU ........... APPELLANT VERSUS REPUBLIC…………………………………………………………….RESPONDENT CORAM: O'Kubasu (J) Appellant absent, not wishing to be present and unrepresented.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: HANCOX JA, CHESONI & PLATT Ag JJA) CRIMINAL APPEAL NO. 97 OF 1983 AGGREY…………………....……… APPELLANT VERSUS REPUBLIC…………………..……RESPONDENT
Division and case type: Milimani Commercial CourtsCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL APPLICATION NO. 6 OF 1983 JAMES ODEMBA OTIENO...............................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT (Appeal from Conviction and Sentence of the Court Martial at 7th Kenya Rifles Langata Barracks, Nairobi)
Division and case type: CivilCivil Appeal
without leave, it would have been incompetent in any event. The real issue before us is whether the order should have included a statement that leave to appeal had been given.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: Milimani Commercial CourtsCivil Case
In view of this defence and the issue framed upon it, I drew the attention of the learned counsel to order XIV, rule 2 of the Civil Procedure Rules, and it was agreed that the 10th issue be determined as preliminary issue by the court. In support of this defence Mr Nowrojee (with Mr I Kapila for the defendants) referred me to various passages in The Encyclopaedia of Forms and Precedents, 4th edition volume 9 and Halsbury’s Laws of England, 4th edition, volume 18, the substance of which is th