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……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…

…reading in draft the judgment of Platt, Ag J A.…

…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).…

…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…

…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…

…CRIMINAL APPEAL NO. 107 OF 1995 BETWEEN PHILIP MUNYAO MBUVI………………APPELLANT AND REPUBLIC………………………………RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 21st February, 1994 IN H.C.CR…

…NO. 12 OF 1991) JUDGMENT OF THE COURT The appellant was originally charged with the offence of murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code.…

…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…

……………………………………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.…

…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.…

……………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.…

…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…

…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…

…. ******************* 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.…

…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.…

…APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic................................................respondent Judgment…

…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…

…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.”…

…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.…

…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…

…a perfectly valid judgment.…

…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.…

…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…which he entered summary judgment in the sum of Shs 17,773,889/- against Mr Magugu and Inns Ltd in favour of Gitutho Associates, Costcare Consultants, Kam Consult Engineers and Utmost Consultants (the respondent), pending…