Court of Appeal·Not stated in judgment13 December 1977 Kenya's Court of Appeal confirmed judges can cut legal fees on a taxed bill only when they are clearly excessive, then reduced two fees by a
civil procedurejudicial discretionstatutory interpretation
Court of Appeal·Civil Appeal (High Court suit arising from plaint filed 10th February 1975)10 November 1977 Kenya's Court of Appeal threw out a landlord's rent claim because the tenancy papers failed to clearly identify the tenant, the rent, and th
contract lawland lawstatutory interpretationburden of proofdamages
Court of Appeal·1 of 19778 November 1977 Court of Appeal·Criminal Appeal (East African Court of Appeal, Nairobi)27 October 1977 A Kenyan court confirmed that simply walking away from a crime scene doesn't clear you — you must clearly tell your partners you're out.
criminal lawcriminal procedureburden of proofevidencestatutory interpretation
Court of Appeal·Not stated in the judgment13 October 1977 Kenya's East African Court of Appeal ruled that a third party pulled into a lawsuit should seek discharge at the summons for directions stag
civil procedurejoinderstatutory interpretationjurisdictioncontract law
Court of Appeal·4 of 197726 August 1977 Court of Appeal·Not stated in the judgment26 July 1977 A Kenyan court refused to award mesne profits where the lease was void because no land control consent was obtained.
land lawstatutory interpretationjudicial discretioncontract law
Court of Appeal·Not stated in the judgment as provided7 July 1977 Kenya's Court of Appeal confirmed that an unsigned lease agreement creates no lease: a tenant who moves in and pays rent gets only a monthly
land lawcontract lawstatutory interpretationremediesstare decisis
Court of Appeal·Civil Appeal 58 of 197223 June 1977 Kenya's Court of Appeal ruled that a debtor who consents in writing to bankruptcy cannot later undo it by claiming the consent was forged.
insolvencycommercial lawbanking financejudicial discretioncivil procedure
Court of Appeal·Civil Appeal (from High Court divorce cause, Madan J) — number not stated in judgment17 June 1977 Kenya's Court of Appeal ruled that maintenance orders can only be varied when a party's means actually change, not simply because prices ris
family lawstatutory interpretationjudicial discretionstare decisisburden of proof
Court of Appeal·24 of 19779 June 1977 Court of Appeal·2 of 197718 May 1977 Court of Appeal·3 of 197717 May 1977 Court of Appeal·Criminal Appeal (not stated in judgment)6 May 1977 Kenya's Court of Appeal upheld Chelagat Mutai's incitement conviction, confirming that second appeals cannot re-examine evidence already acc
criminal lawcriminal procedureburden of proofevidencestatutory interpretation
Court of Appeal·Not stated in judgment22 April 1977 Kenya's Court of Appeal ruled that a co-operative society's failure to counter-sign purchase orders internally did not make them illegal, so
commercial lawcontract lawstatutory interpretationagricultureultra vires
Court of Appeal·Not stated in the judgment as provided21 April 1977 Kenya's Court of Appeal confirmed judges can require defendants to deposit the claimed amount in court when they doubt the honesty of the de
civil procedureemployment labourcontract lawjudicial discretionburden of proof
Court of Appeal31 March 1977 Kenya's Court of Appeal confirmed the Public Trustee can handle registered land as a personal representative, but a will's validity still ne
successionstatutory interpretationtrusts equityland lawcivil procedure
Court of Appeal·Civil Appeal (from Machakos High Court Appeal)30 March 1977 Kenya's Court of Appeal voided a land dispute resolution based on a customary oath, ruling courts cannot decide appeals using procedures out
land lawcontract lawcivil procedurejurisdictionjudicial discretion
Court of Appeal·Not stated in the judgment29 March 1977 land lawcontract lawstatutory interpretationremediesinjunction
Court of Appeal·Criminal Appeal No. 104 of 197614 February 1977 Kenya's Court of Appeal confirmed that technical flaws in a magistrate's judgment won't overturn a conviction if the first appeal court prop
criminal lawcriminal procedureevidencestatutory interpretationburden of proof
Court of Appeal·Not stated in the judgment11 February 1977 Kenya's Court of Appeal confirmed courts can bar anyone from charging disputed land, even after the judgment that triggered the ban is set a
land lawcivil procedureinjunctioninterlocutory reliefjudicial discretion
Court of Appeal·Not stated in the judgment11 February 1977 A signed receipt saying money was paid isn't final in Kenya — courts can hear evidence that the payment never happened.
evidenceburden of proofestoppelcontract lawland law
Court of Appeal·Not stated in the judgment19 January 1977 A Kenyan court ruled that a tenant allowed to stay under a court-approved agreement was not a trespasser, and appeals can correct clear lega
land lawcontract lawcivil procedurestatutory interpretationstare decisis
Court of Appeal·Not stated in judgment13 January 1977 Kenya's Court of Appeal upheld a driving examiner's bribery conviction, ruling police who set corruption traps are not accomplices and their
criminal lawcriminal procedureevidenceburden of proofstatutory interpretation