Case law
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Division and case type: CivilCivil Appeal
…I have had the advantage of reading the judgment prepared by Kneller JA in draft and I agree with it.…
…In my judgment there is a clear saving there for the defence available under section 4(1), that is to say the subsection relating to actions founded on contract.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO 80 OF 1985 JOHN HAYO OWUOR.....................................PLAINTIFF VERSUS ATTORNEY GENERAL & 2 OTHERS..........DEFENDANT JUDGMENT The plaintiff, John…
…Hayo Owuor, filed this suit against the Hon Attorney General, the Officer in Charge GK Prison Kodiaga (Main) and the Deputy Registrar High Court of Kenya, Kisumu praying for judgment against the defendants generally and…
Division and case type: CivilCivil Appeal
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
Division and case type: CivilCivil Appeal
…NO. 17 OF 1994) ********************** JUDGMENT OF GICHERU, J.A.…
…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…
Division and case type: CivilCivil Case
…Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended appeal from a Judgment…
…The applicant unsuccessfully sought leave to appeal against a judgment of Superior Court (Shields J ).…
Division and case type: CivilCivil Appeal
…JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT…
…(Appeal from the Judgment and Decree of the High Court at Kisumu, Butler-Sloss J) May 11, 1988, Platt, Apaloo JJA & Masime Ag JA delivered the following Judgment.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…He holds the view that the decision was in contrast with the decision or Judgment in Muruatetu case.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Lady Justice Ang'awa and Mr. Justice Waki) dated 8th December, 1996 in H.C.CR.A.…
…NO. 264 OF JUDGMENT OF THE COURT The appellant MARY MANGA MESHACK MWASI (the appellant), was charged, tried, convicted and sentenced to an imprisonment term, for the offence of forgery contrary to section 349 of the Penal…
Division and case type: CriminalCriminal Appeal
…MOSES OROKO ) AND REPUBLIC…………………………………………………………….RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu (schofield, J) dated 12th August, in Criminal App No 290 & 291 of 1983) JUDGMENT OF THE COURT The two…
…They included the persons whom we have mentioned at the beginning of this judgment, as well as a man called Sunda, who has not yet been brought before the court.…
Division and case type: CriminalCriminal Appeal
…...........................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO. 359 OF 1991) ********** JUDGMENT…
Division and case type: CivilCase number Civil Application
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: Constitutional and Human RightsPetition
…3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from a Judgment…
Division and case type: CivilCivil Appeal
…Chan Wai Tong v Li Ping Sum [1985] 2 WLR 396 Advocates Satish Gautama and K M Pandya for the appellant I T Inamdar for the respondent September 10, 1985, Kneller JA delivered the following Judgment.…
…Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984: Kshs Net special damages 13,150 Loss of future earnings 63,000 General damages 250,000 Total 326,150 The appellant has…
Division and case type: CivilCivil Case
…SAISI & ANOTHER……………………………DEFENDANTS JUDGMENT In this case, Margaret N.D.…
…There will therefore be judgment for the plaintiff against the defendants as follows – (i) Towing charges kshs. 58,000/- (ii) Excess premium kshs. 27,750/- (iii) Loss of User kshs. 980,000/- Kshs. 1,065,750/- (iv) Costs and…
Division and case type: CivilCivil Appeal
…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…
…A The facts of this case are set out in the judgment of Platt, Ag JA.…
Division and case type: CriminalCriminal Appeal
…APPELLANT AND REPUBLIC .......................................RESPONDENT (Appeal from the Judgment of the High Court of Kenya at Bungoma, (A.Mabeya, J.) dated 25th July 2014 in HCCR.…
…NO. 211 OF 2011) ************************ JUDGMENT OF THE COURT Background [1] Antony Musasha Lubanga, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High…
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 Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…RESPONDENT JUDGMENT 1. This appeal arises from the decision of the superior court (Omolo, J) in a defamation suit by Samson Odoyo, (the appellant) against Hon Ojwang’ K’Ombudo (the respondent).…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 143 OF 1983 Between ANGUKO......................................................APPELLANT AND REPUBLIC ................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J) JUDGMENT…
…In our judgment, while the completion of the remaining withdrawal vouchers casts the gravest possible suspicion on the appellant in respect of the other amounts, that fact alone was insufficient to establish his guilt beyond…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 143 OF 1983 Between ANGUKO......................................................APPELLANT AND REPUBLIC ................................................RESPONDENT (Appeal from the High Court at Kisumu, Schofield J) JUDGMENT…
…In our judgment, while the completion of the remaining withdrawal vouchers casts the gravest possible suspicion on the appellant in respect of the other amounts, that fact alone was insufficient to establish his guilt beyond…