Case law
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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
…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: 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.…
Division and case type: CriminalCriminal Appeal
….…....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.…
Division and case type: CriminalCase number Criminal Application
…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…
Division and case type: CriminalCriminal Appeal
…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…
…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…
Division and case type: CriminalCriminal Appeal
…Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.…
…Amongst the grounds of appeal put forward by the appellant in the superior court was the g round that the judgment of the district magistrate did not comply with the provisions of the Criminal Procedure Code – see section…
Division and case type: CivilCivil Case
…Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF…
…The plaintis herein Hawo Shanko Abdullah And Zamzam Gobe Garo instituted this suit by way of a plaint dated 2nd August 2021 seeking judgment against the Defendants for general and special damages under the Law Reform Act…
Division and case type: CivilMiscellaneous Application
…The applicant has explained that the delay in filing the appeal was due to the delay in obtaining the proceedings and judgment from the Lower Court even though the same were applied for in time.…
…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…. ******************* 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.…
Division and case type: CivilCivil Appeal
……………………………………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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…
…The appellant who was a defendant in the Superior Court, filed an appeal against the judgment of the Superior Court contending that the deceased who was the victim of the suit accident was only six years so as to entittle…
Division and case type: CriminalCriminal Appeal
…April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent April 22, 1985, Patel J delivered the following Judgment…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…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.”…
Division and case type: GeneralUnclassified
…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.…
Division and case type: CivilCivil Appeal
…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…
…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…