Case law
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Division and case type: CriminalCriminal Appeal
…Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…Kinuthia v Republic High Court, at Nairobi Mbaluto J Criminal Appeal No 460 of 1986 November 10, 1986 Mbaluto T delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…August 20, 1985, Schofield J delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…
…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…
Division and case type: CriminalCriminal Appeal
……………RESPONDENT JUDGMENT OF THE COURT The appellants, Hamisi Bakari and Rukia Dzeri were charged with burglary and theft contrary to sections 304(2) and 279(b) of the Penal Code.…
…The passage quoted from the judgment shows that the learned magistrate had every aspect of the second limb to mind.…
Division and case type: CriminalCriminal Appeal
……APPELLANT V REPUBLIC………….RESPONDENT Judgment.…
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: CivilCivil Appeal
……………………………………RESPONDENTS (Appeal from the judgment of the High Court of Kenya at Nyeri (Patel, J) dated 10th October, 1983 In Civil Case No 186 of 1981) ___________________ JUDGMENT OF THE COURT The respondents, as plaintiffs…
…The High Court record does not say that the plaintiff’s advocate applied for judgment pursuant to the award. But then, the trial Judge could not have entered the judgment without a request to do so.…
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
…Tarlochan Sight Rai (who I will refer to as the Father henceforth in this judgment) 2. Jaswant Sigh Rai (Jaswant) 3. Sarjit Singh Rai (Sarjit) 4. Rai Investments Limited (Railnvest) 5. Ram Singh 6. Sarjit Singh 7.…
…In my judgment there is no such prospect.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from a Judgment of the High Court at Kakamega, Aganyanya J) JUDGMENT Judgment of Nyarangi JA 1.…
…Judgment of Gachuhi JA. 1. I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Case
…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…
…The diversity of views on this subject can be seen by reading the judgments in Sperton Steel & Alleys Limited v Martin & Company (Contractors) [1972] 3W LR 502.…
Division and case type: CriminalCriminal Appeal
…BETWEEN DANIEL WACHIRA MUNENE.........................................................APPELLANT AND REPUBLIC.....................................................................................RESPONDENT (Appeal from a judgment…
…of the High Court of Kenya at Nairobi (Mr Justice JA Mango) dated 23rd December 1992, in Criminal Case No 7 of 1992) *********************************** JUDGMENT The appellant’s wife was admitted at Kenyatta National Hospital…
Division and case type: CivilCivil Case
…OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.2440 OF 1999 CHRISPHINE MAINA GATURU ………………………………… PLAINTIFF VERSUS MUYA MACHARIA ……………………………………………… DEFENDANT R U L I N G This is an application for summary judgment…
…Accordingly, I dismiss the application for summary judgment with costs to the Defendant.…
Division and case type: CriminalCriminal Appeal
…No. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior court with the offence of murder contrary to section 203 as read with section…
…The superior court (Ombija, J.) said at the conclusion of its judgment:- “In my judgment, the evidence adduced by the prosecution is to the effect that there were two incidences one involved confrontation of the accused by…
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: CivilCivil Appeal
…BETWEEN BERNARD KIARIE....................................................................APPELLANT VERSUS THUKU NJOROGE................................................................RESPONDENT (Being an appeal from the judgment…
…and decree of the High Court of Kenya at Nairobi (Mr Justice William Mbaya) dated 17th October, 1985 in HCC No 2153 of 1979) ***************************** JUDGMENT This appeal arises from the dismissal of a claim for inter…
Division and case type: CivilCivil Case
…It is that judgment which the defendants now ask the Court to set aside.…
…Judgment was regularly obtained against him and I see no reason for setting aside that 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: CriminalCriminal Case
…Otieno v Republic (Criminal Appeal 7 of 2012) [2013] KEHC 277 (KLR) (30 December 2013) (Judgment) Marcella Nyabonyi Otieno v Republic [2013] eKLR Neutral citation: [2013] KEHC 277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT…
…Were in Criminal Case No. 2 of 2011 dated 26 th June, 2012) JUDGMENT 1.…