Case law
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Division and case type: CivilCivil Appeal
…Their complaint was laid before the judge on an application to review the judgment but the court overlooked this vital allegation that vitiates the judgment.…
…of justice and the judgment should be set aside.…
Division and case type: CriminalCriminal Appeal
…NYERI (CORAM: SHAH, BOSIRE & OWUOR JJ A ) CRIMINAL APPEAL NO 108 OF 2000 BETWEEN ANDREW NDAMBUKI MUTHIKE..................APPELLANT AND REPUBLIC .................................................RESPONDENT (Appeal from a judgment…
…That is so but it is clearly implicit from their judgment that they were substituting a conviction under Section 296(1) to one under Section 296(2).…
Division and case type: CriminalCase number Criminal Application
…Mwaniki v Republic (Criminal Appeal 62 of 1989) [1989] KECA 64 (KLR) (14 August 1989) (Judgment) Mwaniki v Republic[1989] eKLR Neutral citation: [1989] KECA 64 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL…
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CriminalCriminal Appeal
…APPELLANT VERSUS REPUBLIC………………….RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Nyeri, Abdullah J dated 22nd September 1989 in High Court Criminal Appeal No 96 of 1989) JUDGMENT Following the dismissal of…
Division and case type: CriminalCriminal Appeal
…. ******************* JUDGMENT OF THE COURT 1. AGNES KASYOKA IBRAHIM, the appellant, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.…
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: CriminalCriminal Appeal
…Nganga v Republic Court of Appeal, at Nyeri April 25, 1990 Masime, Gicheru & Cockar JJA Criminal Appeal No 123 of 1989 On April 25, 1990, Masime, Gicheru & Cockar JJA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…at Nyeri May 20, 1985 Simpson CJ, Nyarangi JA & Gachuhi Ag JA Criminal Appeal No 163 of 1984 (Appeal from the High Court at Nyeri, VV Patel J) May 20, 1985, Simpson CJ, Nyarangi JA & Gachuhi Ag JA delivered the following Judgment…
Division and case type: CivilCivil Appeal
…Seventeen days after the judgment, however, Mr Macharia filed a summons in chambers expressed to be under Order IX B rule 8 Civil Procedure Rules asking for the judgment and order of June 11, 1979 to be set aside.…
…Where judgment has been entered under this order the court, on application by summons, may set aside or vary such judgment and any consequential decree or order upon such terms as are just.”…
Division and case type: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…
Division and case type: CivilCivil Appeal
…In that case, it was held that a consent judgment may only be set aside for fraud, collusion or for any reason which would enable the Court to set aside an agreement.…
…No witness was called on behalf of the appellant and Kuloba J then reserved judgment to a date to be notified.…
Division and case type: CivilCivil Appeal
…COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT JUDGMENT…
…March 21, 1988, Platt JA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…, 1985, the following Judgment of the Court was delivered.…
…The appellate court must then make up its mind not disregarding the judgment appealed from but carefully weighing and considering it.…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 139 OF 1992) ******************* JUDGMENT OF THE COURT The appellant was tried and convicted on various counts of robbery with violence contrary to section 296(1) of the Penal Code and upon his conviction, he was…
Division and case type: CriminalCriminal Appeal
…APPEAL NO. 139 OF 1992) ******************* JUDGMENT OF THE COURT The appellant was tried and convicted on various counts of robbery with violence contrary to section 296(1) of the Penal Code and upon his conviction, he was…
Division and case type: CivilCivil Appeal
….……………………….RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nyeri (Hon. Justice J.L.A.…
…Osiemo) dated 10th July, 1996 IN CIVIL SUIT NO. 24 OF 1993) ************************** JUDGMENT OF THE COURT This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was…
Division and case type: CivilCivil Appeal
…NO. 119 OF 1992 *********************** JUDGMENT OF THE COURT The respondent does not seriously oppose the appellant’s appeal.…
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.…