Judgment[1991] KEHC 30
Case law
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Division and case type: CivilCivil Case
REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of defence – discretion to set aside such judgment – principles on which this discretion is exercised – where delay in filing defence was out of the defendant’s advocate’s mistake – whether justice required that default judgment be set aside in such a case. The plaintiff applied
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages - general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pe
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Shinda & 2 others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation for those allegedly stolen by the complainant – whether retention and eventual sale of the cattle amounted to theft. The appellants were jointly charged with stock theft contrary to section 278 of the Penal Code.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate’s Court at Voi, JM Manyasi (Miss) RM) Evidence – identification evidence – accused momentarily encountering his attacker who later blindfolds him – whether circumstances conducive for proper identification - whether known foot marks can be used to support allegation of the pre
Division and case type: CivilCivil Case
REPUBLIC OF KENYA Southern Oil Supplies Co Ltd v SGS Kenya Ltd High Court, at Mombasa February 5, 1991 Wambilyangah J Civil Case No 724 of 1985 Civil Practice and Procedure - security for costs – court’s discretion in making an order for security – order XXV rule 1 of the Civil Procedure Rules - section 401 Companies Act - onus of proof in an applicaton for security for costs. The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Compani
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Hamisi v Republic High Court, at Mombasa January 17, 1991 Wambilyangah Ag J Criminal Appeal No 388 of 1990 Criminal Law – defilement of a girl under the age of 14 years – essential ingredients to be proved. Criminal Law – rape – whether it is proper to prefer a charge for rape where the apparent age and obvious appearance of the complainant is less than 14 years.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 1124 OF 1983 KIMEU…………….........…………….. PLAINTIFF VERSUS KASESE…………………..…………DEFENDANT
Division and case type: CriminalCriminal Appeal
I quash the convictions recorded against the appellants, set aside the sentences imposed on them and order that they be released from prison forthwith unless they be held for some other lawful cause. Dated and Delivered at Mombasa this 12th Day of October, 1990, R.S.C.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL (REVISION) CASE NO 25 OF 1990 REPUBLIC…………….………APPLICANT VERSUS MOHAMED…..……………..RESPONDENT (From original conviction and sentence in Criminal Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence. According to the record of the court; the witness did not appear
Division and case type: CriminalCriminal Appeal
Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment. The appellant’s appeal to the superior court was summarily rejected under section 352(2) of the Criminal Procedure Code.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 30 OF 1986 LYDIA CHAO …………………………………………..……… PLAINTIFF VERSUS DHANJAL BROTHERS LTD MUNGA MUHASO HASSAN ISMAEL ABDALLA PAUL WAMBUA MUSILA……………………...................DEFENDANTS
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA HIGH COURT AT KISII CRIMINAL CASE NO 16 OF 1990 REPUBLIC………………………….. PROSECUTOR VERSUS YIENDE…………………………..........…ACCUSSED
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 842 OF 1983 FATEMI INVESTMENTS LTD…..…………. PLAINTIFF VERSUS BAYUSUF……………..………………….DEFENDANT
Division and case type: CriminalCriminal Appeal
Tembere v Republic High Court, at Mombasa April 30, 1990 Githinji J Criminal Appeal No 550 of 1989 (From original conviction and sentence in Criminal Case No 833 of 1989 of the Resident Magistrate’s Court at Kilifi, P M Ndungu, Esq, RM) Criminal Practice and Procedure – Plea – charge of handling stolen property – nature of the offence – what the plea on such a charge should show. Criminal Law – Handling stolen property – elements of the charge of handling stolen property.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA COURT OF APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic................................................respondent Judgment. The appellant, after trial before the Principal Magistrate in Mombasa Resident Magistrate’s court, was convicted of the offence of robber with violence contrary to section 296(1) of the Penal Code and sentenced to a term of sex (6) yea
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: NYARANGI, GACHUHI & MASIME JJ A) CIVIL APPEAL NO 59 OF 1986 JIWA……………………………..……….. APPELLANT VERSUS JIWA & ANOTHER………...………… 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)
Division and case type: CivilCivil Case
d/o Umedram Bhagwan Pandya, (Mena) he thereby waived his right to rely on limitation under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act. In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived.
Division and case type: CivilCivil Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (Coram: Gachuhi, Nyarangi & Gicheru JJ A) CIVIL APPEAL NO 16 OF 1989 MAKALA MAILU MUMENDE ........................................PLAINTIFF VERSUS NYALI GOLF & COUNTRY CLUB....................................DEFENDANT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO 60 OF 1989 BETWEEN DAVID MAINA...................................................... APPELLANT AND REPUBLIC.............................................................RESPONDENT