Case law
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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
…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…
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: CivilCivil Appeal
…The learned judge was not impressed by the demeanor of the appellant in the witness box and consequently did not find it necessary to go into the issue of unlawful dismissal on account of the appellant’s benefits having been…
Division and case type: CriminalCriminal Appeal
…It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing.…
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: 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: CivilCivil Case
…It further follows that what he did in this matter without a practising certificate is unlawful and an illegality.…
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: 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: CriminalCriminal Appeal
…The sentence of 5 years’ imprisonment is maintained, but the order for corporal punishment is set aside as unlawful. That will be some help as the appellant suffers from tuberculosis. The appeals are dismissed.…
Division and case type: CriminalCriminal Appeal
…In our view therefore, as continuing unlawful possession of the wolfram, even if it originated with the second appellant, attached itself in law to the other conspirators.”…
Division and case type: CriminalCriminal Appeal
…It provides that Section 2 of the Sexual Offences Act define “indecent act” as any unlawful intentional act which causes- (a) any contact between the genital organs of a person, his or her breasts and buttocks with that of…
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…