Case law
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Division and case type: CivilCivil Case
…MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully…
Division and case type: CriminalCriminal Appeal
…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…
Division and case type: CivilCivil Case
…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…
…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…
Division and case type: CriminalCriminal Appeal
…He has appealed against the sentence only and he says this is because the unlawful killing was accidental as it was due to the quantity of the alcohol he had consumed; he pleaded guilty; the offence arose out of a family…
Division and case type: CriminalCriminal Appeal
…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…
Division and case type: CriminalMiscellaneous Criminal Application
…against John Opiyo Arunga on 19th November 1991 requiring the said John Opiyo Arunga to execute a bond of Shs 20,000/- with a surety to keep peace for six months was not only against the rule of natural justice but was also unlawful…
Division and case type: CivilCivil Suit
…Her case is that she is the lawful wife of the 1st Defendant under Taita Customary Law, that the intended marriage between the defendants is unlawful, illegal and void as being contrary to the provisions of the Marriage Act…
Division and case type: CriminalCriminal Appeal
…The appellant’s story was that although he was at the scene, they in fact arrested a person in unlawful possession of gold. They had a tip off from a small boy about this.…
Division and case type: ELRCMiscellaneous Application
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
…Thirdly, there are serious allegations of unlawful acquisition of land belonging to Mandera Teacher Training College; land previously allocated to one Mohammed AG.…
Division and case type: CriminalCriminal Case
…Manslaughter is committed where a person by an unlawful act or omission causes the death of another person without having formed an intention to kill that other person.…
…An assault is the unlawful laying of hand on another person. It is the doing of a corporal hurt to another. There is evidence that the accused persons beat the deceased in this case.…
Division and case type: CivilCivil Case
…There was no justification for the assault and the same was unlawful. The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…
Division and case type: CriminalCriminal Appeal
…His conclusion therefore was that this assault was unlawful and relying on section 206(b) of the Penal Code he held that the said assault was carried out by the appellant with malice aforethought, the result of which was…
…The possibility therefore that the appellant killed the deceased by a sustained unlawful assault but without the intent necessary to constitute legal malice requisite to the proof of the oence of murder contrary to section…
Division and case type: Constitutional and Human RightsJudicial Review
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…
Division and case type: CivilCivil Appeal
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…
Division and case type: CivilCivil Appeal
…to restrain the defendants from alienating, disposing off the land or registering any instrument or transaction over the land; a declaration that the rectification of the register of the parcel of land is fraudulent and unlawful…
Division and case type: CriminalCriminal Case
…Commonintention is when two or more persons form a common intention toprosecute an unlawful purpose in conjunction with one another andin the prosecution of such purpose an offence is committed of suchnature that its commission…
Division and case type: CriminalCriminal Case
…Commonintention is when two or more persons form a common intention toprosecute an unlawful purpose in conjunction with one another andin the prosecution of such purpose an offence is committed of suchnature that its commission…
Division and case type: CivilMiscellaneous Application
…debentures; e) they had waived those rights; f) they were in breach of their contracts and acting mala fides in making their demands; g) their demands were null and void for uncertainty so their appointment of the receivers was unlawful…
Division and case type: CivilCivil Suit
…debentures; e) they had waived those rights; f) they were in breach of their contracts and acting mala fides in making their demands; g) their demands were null and void for uncertainty so their appointment of the receivers was unlawful…
Division and case type: CivilCivil Appeal
…I might mention at this stage that it frequently happens that an advocate, or a solicitor in England, receives instructions from and acts for both parties to a lase transaction, and there is nothing unlawful in it so long…