Case law
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Division and case type: CriminalCriminal Appeal
…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…
…The following aspects came to the fore during the trial and as I will highlight them in the later part of the judgment I find it convenient to set them out here.…
Division and case type: CivilCivil Appeal
….….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff…
…By that judgment, the plaintiff’s claim was dismissed with costs to the defendant. The plaintiff was employed by the defendant as a bus conductor at a salary of Kshs 97 per month.…
Division and case type: CriminalCriminal Appeal
…CONSOLIDATED WITH CRIMINAL APPEAL NO.1163 OF 2000 PETER KIMANTHI SIMON...............................................APPLICANT VERSUS REPUBLIC.......................................................................RESPONDENT JUDGMENT…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC................................................................RESPONDENT JUDGMENT (Appeal from the Original Conviction and Sentence of the Resident Magistrate’s Court at Kilifi (P M Ndungu Esq R M)…
…in Criminal Case No 919 of 1989) ***************************************** October 13, 1989, Bosire J delivered the following judgment.…
Division and case type: CriminalCriminal Appeal
….………….RESPONDENT (Appeal from Conviction and Sentence of the Chief Magistrate’s Court at Mombasa, JS Kaburu, SPM in Criminal Case No 3613 of 1998) JUDGMENT The appellant Sophia Wanjiku, was jointly charged with another with…
…The trial Magistrate’s judgment was short. He accepted the evidence adduced by the prosecution witnesses in full.…
Division and case type: CivilCivil Case
…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…
…He will receive his proper share of his judgment after he has paid for professional services he has incurred in obtaining the judgment.…
Division and case type: CivilCivil Suit
…SUIT NO. 295 OF 1976 JOSEPH KARISA MUTSONGA ...........................................................PLAINTIFF VERSUS JOHNSON NYATI................................................................................DEFENDANT JUDGMENT…
…Rectification is often used for making an alteration correcting an entry in a register and that, in my judgment, is its meaning in section 143 of the Act. It is not defined in the Act itself.…
Division and case type: CivilCivil Suit
…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…
…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…
Division and case type: CivilCivil Suit
….…………………………..DEFENDANT JUDGMENT This suit is brought by the widow who also holds a grant of representation for the estate of Arthur Ogutu Otieno who died in a road accident on 25th September 2000.…
…Judgment is entered against the defendant in the sum of the total shs.1.176,720/- plus interest and costs. Dated this 11th day of August, 2003. JOYCE KHAMINWA JUDGE…
Division and case type: CriminalCriminal Appeal
…RESPONDENT JUDGMENT (Appeal from an Order of the High Court at Mombasa, Bhandari J) July 25, 1985, Kneller, Hancox & Nyarangi JJA delivered the following Judgment. We have consolidated these two appeals.…
Division and case type: CivilCivil Case
………RESPONDENT JUDGMENT The plaintiff in this case, Walter Obara Ogol, was injured as a result of a road traffic accident which occured on the 31st May 1989.…
…I accordingly give judgment to the plaintiff against the defendant for Shs 135,016/= with costs and interest. Dated and Delivered at Mombasa this 10th day of May, 1993 I.C.C WAMBILYANGAH ……………………… JUDGE…
Division and case type: CriminalCriminal Appeal
….… RESPONDENT JUDGMENT The appellant was charged in the Court of the Resident Magistrate at Eldoret with the two offences, namely indecent assault on a female contrary to section 144(1) of the Penal Code and personating a…
…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…
Division and case type: CivilCivil Suit
…I will inevitably consider each of thoseaspects in the later parts of the judgment. , In its statement of defence the defendant made a totaldenial of all averments in the plaint.…
…Shs.53, 275/- With interest from the date of this judgment/ There will be judgment for those figures and costs of the suit. Dated and delivered on the 13th October, 1994. I.C.C WAMBILYANGAH JUDGE…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Ngwoa v Republic High Court, at Mombasa August 31, 1992 Omolo J Criminal Appeal No. 478 of 1991 August 31, 1992, Omolo J delivered the following Judgment. Mr.…
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: CivilCivil Case
…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…
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: CivilCivil Suit
….… DEFENDANT JUDGMENT On 16th June 1988 the plaintiff entered into a hire purchase agreement to purchase motor vehicle registration No KZB 139, Nissan Sahara Pick-up from the defendant.…
…I therefore award the plaintiff a sum of Kshs 250,000/- in general damages plus costs of the suit and interest from the date of this judgment. Dated and delivered at Eldoret this 5th day of October, 1993 S. K.…
Division and case type: CivilCivil Case
……………DEFENDANT JUDGMENT The plaintiff filed this suit on 25/10/83 to recover damages for injuries she sustained in a road accident allegedly due to the defendant’s negligence.…
…The following words of Win LJ in D & C Builders Ltd v Rees, (1966) 2 QB 617 at p 632, explains the principle:- “In my judgment it is an essential element of a valid accord and satisfaction that the agreement which constitutes…
Division and case type: CivilCivil Appeal
….………… RESPONDENTS (Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Rauf J) dated 15th July, 1985 in Civil Case No 851 of 1985) JUDGMENT This is an interlocutory appeal by Hussein Mohammedali Jiwa, the…
…The plaintiff prayed for judgment against the defendants jointly and severally for: a temporary injunction to restrain the defendants from alienating, disposing off the land or registering any instrument or transaction over…