Case law
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Division and case type: CivilCivil Appeal
…judgment.…
…That judgment to-date has not been set aside by the lower court as his application to set aside the said judgment was subsequently dismissed since his counsel did not turn up in time to prosecute it and when he did turn up…
Division and case type: CivilCivil Appeal
…The learned Chief Magistrate patiently listened to these wrangles in his Court and on 11th August, 1994 handed down his judgment from which this appeal now lies.…
…It is submitted the learned Chief Magistrate lacked jurisdiction to entertain the suit as his pecuniary limit was only Shs 125,000/= at the time he heard the matter and delivered judgment.…
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: 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.…
Division and case type: CivilCivil Case
…Applying those principles to the instant case, requires a look at the pleadings, proceedings and judgment in the former case, and a look at the pleadings and issues in the present case. What I find is this.…
…Whether a matter was directly and substantially in issue in a former suit is to be determined by a reference to the pleadings, the issues and judgment.…
Division and case type: CivilCivil Case
………DEFENDANT 28/1/91 Coram: SO Oguk – judge Plaintiff in person Defendant - absent Court Interpreter – Murungi JUDGMENT The plaintiffs claim against the defendant in respect of land parcel No Abothuguchi/Kariene/69 measuring…
…The plaintiffs have not had any share of the family land and I now give them judgment against the defendant for the transfer of a portion of land parcel No Abothuguchi/Kariene 69 measuring 1.74 acres.…
Division and case type: CivilCivil Case
…. … DEFENDANT 23/1/1991 Coram: SO Oguk – judge Plaintiff in person Mr Mithega for the defendant JUDGMENT The plaintiff’s claim against the defendant is for the transfer of a portion of land measuring 4½ acres out of Title…
…I find that the only piece of land that the plaintiff has, is only that small piece of land measuring 0.95 of an acre which in my judgment I find to have been given to him by his maternal uncle.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL CASE NO 80 OF 1985 JOHN HAYO OWUOR.....................................PLAINTIFF VERSUS ATTORNEY GENERAL & 2 OTHERS..........DEFENDANT JUDGMENT The plaintiff, John…
…Hayo Owuor, filed this suit against the Hon Attorney General, the Officer in Charge GK Prison Kodiaga (Main) and the Deputy Registrar High Court of Kenya, Kisumu praying for judgment against the defendants generally and…
Division and case type: CivilCivil Case
…SAISI & ANOTHER……………………………DEFENDANTS JUDGMENT In this case, Margaret N.D.…
…There will therefore be judgment for the plaintiff against the defendants as follows – (i) Towing charges kshs. 58,000/- (ii) Excess premium kshs. 27,750/- (iii) Loss of User kshs. 980,000/- Kshs. 1,065,750/- (iv) Costs and…
Division and case type: CriminalCriminal Appeal
….…..RESPONDENT (From the original conviction and sentence in P&D No 7 of 1992 of DM II’s Court at Meru) JUDGMENT On 21st October 1992 the court below ordered that the children do remain in the custody of the mother and the…
Division and case type: CivilCivil Case
…They are not to be unjust or show partiality in their judgments. They are not to be unjust or show partiality in their judgments”; they must always be fair and just.…
…In the Holy Qur’an too, the way decisions and judgment should be arrived at, is taught.…
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: 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: 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: 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: CivilCivil Case
…He has never been in possession of this land and in my Judgment, he will never be in possession of this land as this land has to revert to the Plaintiff the moment he deposits with the 1st Defendant's lawyers the balance…
…Orders Before the conditions set out in this Judgment are complied with, I issue an order of inhibition to be registered on land Title Number NTIMA/lGOKl/3749 so as to preserve the said land from changing hands to any third…
Division and case type: CriminalCriminal Case
….................RESPONDENT HEZEKIA AKUNO........................................RESPONDENT EDWARD KAMAU.......................................RESPONDENT EZEKIEL KUTO...........................................RESPONDENT JUDGMENT…