Case law
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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: CriminalCriminal Appeal
…RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Bhandari J) dated July 5 1983 in Criminal Case 3 of 1983) JUDGMENT OF THE COURT Anupchand Maghji Rupa Shah (Anupchand) and Vijay Kumar…
…He tackled the evidence again in his judgment just as thoroughly.…
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: CriminalCriminal Appeal
…NO. 11 OF 1990) ************** JUDGMENT OF THE COURT On 7th May, 1991 the appellant pleaded guilty to the offence of manslaughter contray to Section 205 of the Penal Code before the High Court at Mombasa, Wambilyangah, J.…
Division and case type: CriminalCriminal Appeal
…The grounds are that the appellants have appealed from the decision and Judgment of Hon. Shiundu Principal magistrate delivered on 21st March, 2013.…
Division and case type: CivilCivil Suit
…Thereafter the plaintiff filed this case seeking judgment against the defendant.…
…There was no appearance and defence in time and he requested for interlocutory judgment to be entered in his favour but this was delayed and the defendant filed defence and appearance.…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 87 OF 1994 WILLIAM MAKERE KENES...........................................................APPELLANT VERSUS REPUBLIC....................................................................................RESPONDENT JUDGMENT…
Division and case type: CivilMiscellaneous Application
…There is a judgment of September 5, 1985 in Nairobi High Court Civil Suit 2170 of 1984 for over Kshs 1,700,000 in favour of Bunzl Pulp & Paper (Sales) Ltd against it which does not seem to have been met yet.…
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CivilCivil Suit
…There is a judgment of September 5, 1985 in Nairobi High Court Civil Suit 2170 of 1984 for over Kshs 1,700,000 in favour of Bunzl Pulp & Paper (Sales) Ltd against it which does not seem to have been met yet.…
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (From Original Conviction and Sentence in Criminal Case No 70 of 1993 of the Chief Magistrate’s Court at Kisumu: C O Ong’Udi Esq CM) JUDGMENT Appeals Nos 111, 112, 113, 114 and 115 all of 1993 have been consolidated…
Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Thereafter, the tenants/appellants applied under Section 80 of the Civil Procedure Code and Order XLIV – Civil Procedure Rules for review of its judgment on the ground that the High Court had no jurisdiction to hear the appeal…
Division and case type: CriminalCriminal Appeal
……………APPELLANT VERSUS REPUBLIC…………………………RESPONDENT JUDGMENT The appellant was charged in the lower court with the offence of causing and accident by obstruction c/s 53 (3) of the Traffic Act Cap 403 laws of Kenya.…
Division and case type: CriminalCriminal Case
…cap 80) sections 37, 69(vi), (vii) Advocates Mr O Aluoch for the 1st and 2nd Appellants Mr Wasilwa for the 3rd Appellant Mrs Muinde, State Counsel, for the Respondent November 30, 1990, Khamoni J delivered the following Judgment…
…In this judgment therefore I may also be referring to the appellant in criminal appeal number 235 of 1990 as the first appellant; the appellant in criminal appeal number 236 of 1990 as the second appellant and the appellant…
Division and case type: Environment and LandCivil Appeal
…It follows that, assuming that such an appeal lies, then it is stale as it was led out of extremely long statutory timeline in that appeals in civil cases lie to this court within 30 days of the judgment or ruling, as stipulated…
Division and case type: CriminalCriminal Appeal
….…………….RESPONDENT JUDGMENT Two appeals have been consolidated for the purpose of hearing. These are Criminal Appeal No 33 of 1990 filed by Sammy Macharia and Criminal Appeal No 34 of 1990 filed by Kamau Muchiri.…
…finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment…
Division and case type: CivilCivil Case
….……..DEFENDANT JUDGMENT The respondent sued the appellant in the lower court seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the Judgment of the Senior Resident Magistrate’s Court at Eldoret (BN Olao Esq RM) in Civil Civil Suit No 18 of 1987) JUDGMENT This is an appeal from the decision of the Resident Magistrate Eldoret…
Division and case type: CivilCivil Appeal
…RESPONDENT JUDGMENT This is one of the few cases where a land owner disputes compensation paid to him in respect of compulsory acquisition of part of his land.…
Division and case type: CriminalCriminal Case
….……………………………...ACCUSEDS JUDGMENT The seven accused persons namely John Chechu Chemitai, Patrick Chemos Ndiwa, Joseph Marauni Chemiati, Robert Walela, Paul Mwangi, James Munga and Ekwom Ejore are charged with the offence of…
Division and case type: CriminalCriminal Case
….................RESPONDENT HEZEKIA AKUNO........................................RESPONDENT EDWARD KAMAU.......................................RESPONDENT EZEKIEL KUTO...........................................RESPONDENT JUDGMENT…