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…
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
……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.…
Division and case type: CivilCivil Case
…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…
…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Thuo v Republic High Court, at Mombasa March 3, 1992 Omolo J Criminal Appeal No. 18 of 1992 March 3, 1992, Omolo J delivered the following Judgment. I agree with Mr.…
Division and case type: CriminalCriminal Appeal
…................................................PLAINTIFF VERSUS Republic.................................................................................DEFENDANT November 9, 1992, Wambilyanga J delivered the following Judgment…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mshighati v Republic High Court, at Mombasa August 10, 1992 Wambilyangah J Criminal Appeal No. 119 of 1988 August 10, 1992, Wambilyanga J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Kichikiro v Republic High Court, at Mombasa June 4, 1992 Omolo J Criminal Appeal No. 37 of 1992 June 4, 1992, Omolo J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Ali v Republic High Court, at Mombasa May 4, 1992 Omolo J Criminal Appeal No. 13 of 1992 May 4, 1992, Omolo J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Nzuki v Republic High Court, at Mombasa May 11, 1992 Wambilyangah J Criminal Appeal No. 7 of 1992 May 11, 1992, Wambilyanga J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mweni v Republic High Court, at Mombasa March 27, 1992 Omolo J Criminal Appeal No. 209 of 1992 March 27, 1992, Omolo J delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Yakuti v Republic High Court, at Mombasa July 6, 1992 Omolo J Criminal Appeal No. 415 of 1991 July 6, 1992,Omolo J delivered the following Judgment.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.…
…By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…
Division and case type: CivilCivil Case
…entry of judgment against their clients within 7 days.…
…They also indicated their intention of filing in court an application for summary judgment.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Jefa v Kenya Ports Authority High Court, at Mombasa June 9, 1992 Omolo J Civil Case No. 721 of 1988 June 9, 1992,Omolo J delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…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: “……………..…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mutemi v Republic High Court, at Mombasa April 14, 1992 Wambilyanga, Omolo JJ Criminal Appeal No. 399 of 1991 April 14, 1992, Wambilyanga, Omolo JJ, delivered the following Judgment.…
Division and case type: CivilCivil Case
…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…
…On the same day a judgment was entered by the Court on the terms of that letter.…
Division and case type: CivilCivil Case
…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…
…There shall therefore be judgment for the plaintiffs and against the defendants jointly and severely in the sum of Kshs 17,105 plus costs and interest. October 28, 1985 Bhandari J…