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: CriminalCriminal Appeal
………RESPONDENT Judgment. November 10, 1987, Nyarangi, Platt & Apaloo JJA delivered the following Judgment. This matter raises the question whether the court has jurisdiction to entertain it.…
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
…OF THE COURT November 12, 1985, Kneller, Nyarangi JJA & Platt Ag JA delivered the following Judgment.…
…Arguing the first ground of appeal, Mr Odero for the appellant referred to the judgment of the High Court and made the point that there is no mention of the appellant’s unsworn statement in the judgment and that the prosecution…
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 Appeal
…our judgment in this appeal dismissing it and reserved our reasons to be given on notice.…
…We now give the reasons for our judgment. “The Sugar wars”…………..…
Division and case type: CivilCivil Appeal
….……… RESPONDENT (Appeal from the judgment and order of the High Court of Kenya at Nairobi (Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987) JUDGMENTS Nyarangi JA.…
…In my judgment on a true construction of sub-section (2) of section 9 of the Land Control Act, a sale agreement is an agreement for a controlled transaction.…
Division and case type: CivilCivil Appeal
…LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant…
…The following is the relevant part of the judgment of the learned judge.…
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: CivilCivil Appeal
…Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.…
…Odd Jobs v Mubia [1970] EA 476 Statutes Civil Procedure Rules order XIV rule JUDGMENT 1.…
Division and case type: CivilCivil Suit
…He said he was the beneficiary or an assignee of a judgment delivered on March 15 1982 by Muli, J in Nairobi High Court Civil Suit 1038 of 1974.…
…The respondent’s advocate filed his notice of appeal on March 18 1982 which is three days after Muli, J delivered his judgment so there was no dilly-dallying there.…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…The key to the judgment is the remark - “The parties must recognise the boundary fixed by the Land Registrar.”…
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: Milimani Commercial CourtsCivil Case
…It is observed that the order sought is the setting aside of a default judgment entered herein.…
…An application under Order IXA 10 and 11 of the Civil Procedure Rules is brought where judgment has been entered for non-appearance and/or default of defence.…
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 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: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and order of the High Court of Kenya at Nyeri (O’Kubasu, J) dated September 23rd, 1982 In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia…
…When the parties appeared before the learned judge, Mr Waweru was for Ruchathi and he asked for judgment to be entered in terms of the award and for costs of the action and that is what was done.…