Case law
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Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC ……………………………… RESPONDENT CORAM: TODD, J Appellant absent, unrepresented and not wishing to be present C W Gatonye (Senior State Counsel) for Respondent JUDGMENT The appellant Moni Makau alias Joseph…
Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: Commercial and TaxInsolvency Cause
…RESPONDENT (Appeal from a Ruling and Order of the High Court at Nairobi (Akiwumi J) dated 14th June 1990 in High Court Bankruptcy Cause No 14 of 1988) JUDGMENT This is an appeal by the debtor, Mr Paul Joseph Ngei, against…
…The petition was filed on August 11, 1988 on a debt of Shs 133,457.15 being the amount due to the Middle East Bank Limited as at March 31, 1988 on a final judgment obtained against the debtor in High Court Civil Case No 2598…
Division and case type: CriminalCriminal Appeal
…...............................................................................RESPONDENT (From original conviction and sentence in Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 133 OF 1984 Between JOSEPH KIOKO MUOKI..............................APPELLANT AND REPUBLIC...................................................RESPONDENT (Appeal from the High Court at Nairobi, Aganyanya J) JUDGMENT…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Masime J) dated 25th November 1983 IN Criminal Appeal No 372 of 1982 ) JUDGMENT OF THE COURT Gilbert Chege, the appellant, was convicted on July 7 1982…
Division and case type: CivilCivil Appeal
…NO. 3818 of 1985) **************************** JUDGMENT OF SHAH. J.A. On 20th March, 1989 the late Mr.…
…Lord Donovan delivering the judgment of court in Perestre1lo case (supra) said at page 486 G: "What amounts to a sufficient averment for this purpose will depend upon the facts of the particular case, but a mere statement…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL SUIT NO 2552 OF 1987 JAMES MUTULU OKUNNE ………………………………… PLAINTIFF VERSUS NZOIA SUGAR COMPANY LTD & ANOTHER….............DEFENDANTS JUDGMENT This is a suit for general damages…
Division and case type: CriminalCriminal Appeal
…May 29, 1991, the following Judgment of the Court was delivered.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…
Division and case type: CriminalCriminal Appeal
….………… RESPONDENT JUDGMENT The appellant was convicted by the learned second class district magistrate at Kibera on two counts of wilfully and unlawfully damaging property and creating a disturbance in a manner likely to cause…
Division and case type: CivilCivil Appeal
…Judicature Act (cap 8) section 4 JUDGMENT JUDGMENT OF NYARANGI JA. 1.…
…JUDGMENT OF MASIME JA. 56. This appeal concerns the admiralty jurisdiction of the High Court and the occasions when it may be invoked.…
Division and case type: CivilCivil Case
…They are not to be unjust or show partiality in their judgments. They are not to be unjust or show partiality in their judgments”; they must always be fair and just.…
…In the Holy Qur’an too, the way decisions and judgment should be arrived at, is taught.…
Division and case type: CriminalCriminal Appeal
…............................................................................RESPONDENT (From original conviction and sentence in Criminal Case No 6248 of 1990 of the Chief Magistrate’s Court at Nairobi: E B Achieng Esq) JUDGMENT…
Division and case type: CivilCivil Suit
…further states:- “The court in order to preserve the status quo, in a case where one of the parties to a contract had given a notice purporting to dismiss the contractor, restrained the party from acting on the notice until judgment…
Division and case type: CriminalCriminal Appeal
…150 OF 1985 BETWEEN NYAMBANE........................................................APPELLANT AND REPUBLIC.......................................................RESPONDENT (Appeal from the High Court at Nakuru, Omolo J) JUDGMENT…
…complainants, the appellant was representing that he had the power and the means to obtain the car for the complainants at the stated price, or, as it is stated in the particulars of the charge set out at the beginning of this judgment…
Division and case type: CivilCivil Appeal
…The appeal so filed had been taken against judgment in favour of the original plaintiffs EA Drapers Limited and the original first defendant Combined Warehouse Limited.…
…(In view of paragraph 8 above, we are not certain why judgment was given for Kshs 230,538).…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…........................APPELLANT VERSUS REPUBLIC.......................................................RESPONDENT (Appeal from Conviction and Sentence of the Court Martial at 7th Kenya Rifles Langata Barracks, Nairobi) JUDGMENT…
…accused person, that is, the intent to overthrow by unlawful means of the Government and the prosecution must also prove the overt acts being the means by which such intent is to be carried out or furthered vide in the judgment…
Division and case type: CivilCivil Case
…DEFENDANT JUDGMENT The suit before me is a running down matter. It was originally heard by the Hon. Mr. Justice A.…
Division and case type: CivilCivil Appeal
…NO. 1801 OF 1994) ************************** JUDGMENT OF THE COURT This is an appeal from the ruling of the High Court of Kenya at Nairobi (Pall, J. as he then was) delivered on the 1st September, 1994.…