Case law
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Division and case type: CivilCivil Appeal
…NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..........................................................RESPONDENT (Appeal from the judgment…
…In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…
Division and case type: CRIMINAL DIVISIONCriminal Case
………RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1. Forgery contrary to section 349 of the Penal Code. 2.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: CriminalCriminal Appeal
………RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1. Forgery contrary to section 349 of the Penal Code. 2.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: CivilCivil Case
…...................................................DEFENDANT R U L I N G This is an application by way of chamber summons under section 3A of the Civil Procedure Act for an order that the rate of interest awarded in the judgment…
…There is on record an application dated 18th and filed on 26th July, 1996 by the plaintiff where a review of the judgment was sought so that the interest should be at the same rate as that charged by Kenya Industrial Estates…
Division and case type: CivilCivil Appeal
…CIVIL APPEAL NO. 121 OF 1992 BETWEEN REPUBLIC...........................................................................APPELLANT AND THE DISTRICT COMMISSIONER MACHAKOS...........RESPONDENT (Appeal from the judgment of the…
Division and case type: CivilCivil Appeal
….........................................................APPELLANT AND NAIMA MOHAMOUD (A minor who had sued through her next friend Mohamoud Ali)..............................................RESPONDENT (An appeal from a judgment…
…NO. 1367 OF 1981) ********************** JUDGMENT OF THE COURT: On 23rd September, 1980 at 6.30 p.m. the appellant was driving his peugeot 304 motor vehicle registration NO.…
Division and case type: CivilCivil Suit
…Republic of Kenya High Court, at Nairobi Civil Suit No 1745 of 1984 Okallo v Attorney General November 28, 1985, Owuor J delivered the following Judgment.…
…On May 14, 1985 an interlocutory judgment was entered against both the defendants with a sum of Kshs 450 together with interest for special damages.…
Division and case type: CivilCivil Appeal
…OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (An Appeal from the Judgment…
Division and case type: CivilCivil Suit
…The plaintiff has filed this application for a summary judgment against the defendant in respect of the plaintiff’s claim in the plaint for Kshs 1,795,595.85 together with interest thereon at 19% and costs.…
…Apart from the defence, the defendant has shown some additional grounds of opposition to the plaintiff’s application for summary judgment.…
Division and case type: CivilCivil Appeal
…That judgment was approved by the Court of Appeal in Mbogo v Shah [1968] EA 93.…
…The suit was heard ex parte and judgment pronounced against the appellant.…
Division and case type: CriminalCriminal Appeal
…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…
…OF 1991) ******************* JUDGMENT OF THE COURT Section 302 of the Penal Code is in the following terms:- "302.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment.…
Division and case type: CriminalCriminal Appeal
….……… RESPONDENT (An appeal from the judgment of the High Court of Kenya at Nairobi, (Justice Muchemi) dated 19th December, 2013 in H. C. Cr. Case No. 51 of 2010) ****************** JUDGMENT OF THE COURT 1.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT…
Division and case type: CivilCivil Appeal
….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…
Division and case type: CivilMiscellaneous Application
…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
Division and case type: CivilCivil Suit
…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…
…Certified copies of proceedings and judgment were applied for by a letter dated July 22, 1980. Followed by several reminders.…
Division and case type: CivilCivil Case
….............................................DEFENDANT R U L I N G The defendant/applicant has moved the court by way of Chamber Summons under Order 9A Rule 10 of the Civil Procedure Rules for an order that the ex-parte judgment…
…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…
Division and case type: GeneralUnclassified
…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…
…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…