Case law
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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
…REPUBLIC OF KENYA Losiamuro v Lochab Brothers & another High Court, at Mombasa December 30, 1991 Wambilyangah J Civil Case No 48 of 1988 JUDGEMENT December 30, 1991, Wambilyangah J delivered the following Judgment.…
…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…
Division and case type: CivilCivil Case
….……...2ND DEFENDANT JUDGMENT The plaintiff in this claim seeks a declaration (a) that the registration of the 1st defendant as the owner of the whole of plot No.…
…In my judgment therefore the plaintiff is entitled to the orders he seeks and accordingly there will be judgment for the plaintiff against the defendants as prayed in the plaint.…
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: CivilCivil Case
…When brought to the court it originally sought that judgment should be entered for the Plaintiffs against the Defendants jointly and severally, but, during its argument, Mr.…
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
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
…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: 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: 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
…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…