Case law
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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
…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: 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: 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: 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
………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
…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
….………… 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…
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: CriminalCriminal Appeal
…Statutes Penal Code (cap 63) section 322(1) April 30, 1990, Githinji J delivered the following Judgment.…
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: CriminalCriminal Appeal
…........................................................................RESPONDENT (From original conviction and sentence in Criminal Case No 1060 of the Principal Magistrate’s Court at Malindi - J R Karanja, Esq - R M) JUDGMENT…
Division and case type: CriminalCriminal Appeal
…Cases No cases referred to Statutes Penal Code (Cap 63) s 251 January 24, 1984, Hancox JA, Chesoni and Nyarangi Ag JJA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL 55 OF 1986 BETWEEN MAGHENDA...................................................APPELLANT AND REPUBLIC...............................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT…
Division and case type: CivilCivil Case
…Accordingly judgment is given to the plaintiff as prayed in a, b, c, d and f of the plaint. I also give the costs of this application to the plaintiff. Costs of the application to be in the cause.…
Division and case type: CriminalCriminal Appeal
…Anjononi v Republic [1980] KLR 59 Statutes Penal Code (cap 63) section 296(1) March 18, 1991, Wambilyangah J delivered the following Judgment.…
Division and case type: CivilCivil Case
…February 5, 1991, Wambilyangah J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…I have narrated, the evidence and read the judgment of the learned Senior Resident Magistrate.…
…Receipts in my judgment cannot be relied on as there is no evidence that they were made by accused so that reasonably the bank pay-in-slips, and again what that can show is that soma money was received some of it banked others…