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…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…

…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.…

……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.…

…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.…

…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).…

…APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant…

…A A KNELLER JUDGE OF APPEAL A R W HANCOX JUDGE OF APPEAL Z R CHESONI AG JUDGE OF APPEAL I certify that this is a true copy of the original DEPUTY REGISTAR JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted…

…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.…

…In my judgment it was established that the tanker came over on to the Renault’s side of the road. On the evidence the respondent had about one minute in which to avoid the accident.…

…The judgment of the honourable trial judge has occasioned a failure of justice and or resulted in a gross miscarriage of justice. 11.…

…................................................PLAINTIFF VERSUS Republic.................................................................................DEFENDANT November 9, 1992, Wambilyanga J delivered the following Judgment…

…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.…

…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.…

….……… 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.…

….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…

…Justice Porter) dated 29th September, 1985 in Criminal Appeal No. 107 of 1985) JUDGMENT OF THE COURT The appellant appeals against the judgment of the High Court which on September 27, 1985, affirmed his conviction and one…

…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.…

…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.…

…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.…

…CRIMINAL APPEAL NO.143 OF 1986 BETWEEN GEORGE MATHEWS OTIENO.....................APPELLANT AND REPUBLIC..................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kisumu…

…(Butler-Sloss, J.) dated June 13 1986 in Criminal Appeal No.103 of 1984) JUDGMENT OF THE COURT The appellant was charged and convicted by the Senior Resident Magistrate Kisumu for an offence of robbery with violence contrary…

….…....RESPONDENT (Appeal from a judgment of the Resident Magistrate’s Cou rt at Muranga, J.B.A.…

…Olukoye, R.M., dated 11 th April, 2001, in Criminal Case No. 1103/2000) JUDGMENT The learned State Counsel concedes the appeal and I have no reason to disagree. Accordingly the appeal is allowed.…

…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.…