Judgment[1983] KEHC 31
Case law
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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: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT
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
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CRIMINAL APPEAL NO 815 OF 1983 TOLLEY…….......………………….. APPELLANT VERSUS REPUBLIC……………..………… RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Hancox JA, Chesoni & Nyarangi Ag JJA ) CRIMINAL APPEAL NO. GEORGE KARANJA MWANGI 2.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU crim app 89 of 1983 EDWARD KABUI JACKSON KARIUKI JOSEPH NGANGA KAHINDA ……………………………………… APPELLANTS AND REPUBLIC ……………………………….………………………….. RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house breaking and stealing contrary to Sections 304(1) and 279(b) of the Penal Code (
Division and case type: Employment and Labour RelationsCase number Cause
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CAUSE NO. 2644 OF 1982 MABATI LIMITED………....………………………..........APPLICANT VERSUS VG PATEL & SONS LTD….......……..…………….
Division and case type: CivilCivil Appeal
Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER Sequeira, BA Roderigues and RA Ribeiro (1933) 15 KLR 34 (k) and Newbold P Sir Clement de Lestang Ag VP and Spry JA of the Court of Appeal for Eastern Africa in Ujagar Singh v Runda Coffee Estates Ltd [1966] EA 263 (CA-K). There was no appeal pending here but it may be that there could be other circumstances cal
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI civ app 13 of 80 M’Ikiara M’Mukanya and another v Gilbert Kabere M’Mbijiwe (Potter & Kneller JJA & Chesoni Ag JA) Civil Appeal No 13 of 1980 Cases 1. Thompson v Ward [1955] 2 QB 155 2.
Division and case type: CivilCivil Appeal
Consequently, the respondent asked for judgment against the appellant in the form of an eviction order and the costs, and interest on the costs, for having to bring this into court. The appellant claims that the same land was registered in the name of Mukui Kamau who allowed the appellant entry upon it in 1964 (which is twelve years before the respondent says the appellant trespassed on this land) and the appellant goes on to say that he has lived on it ever since, put up a house on it and plant
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag. 32 OF 1982) civ app 32 of 82 BETWEEN ANDREW A APIYO ………………………..…………… APPELLANT AND MICHAEL M O MASHERE …………………………… RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Eldoret (Mbaya, J) dated 7th May, 1982 in Civil Case No.
Division and case type: CriminalCriminal Appeal
Republic of Kenya Court of Appeal, at Nairobi Potter, Kneller & Hancox JJA Criminal Appeal No 61 of 1981 Imbindi v Republic Appeal - second appeal -matters dealt with on a second appeal - matters to which grounds of appeal on second appeal should be restricted -issues of lawseverity of sentence-whether such an issue that court may consider on second appeal. Criminal Practice and Procedure - trial within a trial - procedure and conduct of - repudiation of confessions by several accused persons
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN, POTTER AND HANCOX JJA) CRIMINAL APPEAL NO 88 OF 1982 MARANDU M’ARIMI...........................APPELLANT AND REPUBLIC.....................................RESPONDENT (Appeal from the High Court of Kenya at Meru, O’Kubasu J 31 March, 1982 )
Division and case type: CriminalCriminal Case
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CRIMINAL APPEAL NO 61 OF 1981 BETWEEN 1. ERNEST IMBINDI………………………………………….APPELLANTS 2.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAKURU ( Coram: Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT