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Joseph Gitau Macharia V Republic [2003] EKLR
Case Number: Criminal Appeal 32 of 02	Date Delivered: 28 Feb 2003

Judge: Effie Owuor, Richard Otieno Kwach

Court: High Court at Machakos

Parties: Joseph Gitau Macharia v Republic

Advocates:

Citation: Joseph Gitau Macharia v Republic [2003] eKLR

ERIC PETER WANJAU V GEORGE MUNDET [2000] EKLR
Case Number: CIVIL SUIT 3257 OF 1978	Date Delivered: 22 Aug 2000

Judge: Effie Owuor

Court: High Court at Nairobi (Milimani Law Courts)

Parties: ERIC PETER WANJAU V GEORGE MUNDET

Advocates:

Citation: ERIC PETER WANJAU V GEORGE MUNDET [2000] eKLR

Waititu & Others V Kenya Railways Corporation [2000] EKLR
Case Number: Civil Case 1447 of 1982	Date Delivered: 13 Jan 2000

Judge: Effie Owuor

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Waititu & others v Kenya Railways Corporation

Advocates:

Citation: Waititu & others v Kenya Railways Corporation [2000] eKLR

Waititu & others v Kenya Railways Corporation

High Court, at Nairobi 2000

Owuor J

Civil Case No 1447 of 1982

Landlord and Tenant – licence - distinction between licence and tenancy – what amounts to reasonable notice for termination of licences.

The plaintiffs were operators of various kiosk businesses on the defendant’s land at Makongeni and Muthurwa Estates in Nairobi.They sued the defendant claiming damages for wrongful termination of their “tenancies” and related business losses. On its part, the defendant opposed the claim arguing that the plaintiffs had been mere licensees and their licences had been lawfully terminated upon expiry of reasonable notices.

Held:

1. A licence is normally created where a person is granted the right to use premises without becoming to exclusive possession of them or the circumstances and consent of the parties show that all that was intended was for the grantee to enjoy a personal privilege with no interest in the land.

2. The licence under which the plaintiffs operated did not specify the duration of the licence. It was a gratuitous licence revocable at any time and at the defendant’s wish.

3. However, in a case like this where the plaintiffs had built their kiosks and established businesses for a long time, they were entitled to a proper and reasonable notice of the revocation and reasonable time for them to remove their property and make arrangements to carry on their businesses elsewhere.

Suit dismissed.

Cases

1. Heap v Hartley (1889) 42 Ch D 461

2. Millenium Productions Ltd v Winter Garden Theatre (London) Ltd [1948] AC 173; [1947] 2 All ER 331; [1947] LJR 1422

Texts

Hailsham, Lord et al (Eds) (1973-87) Halsbury’s Laws of England London: Butterworths 4th Edn para 8 p 66

Statutes

Public Health Act (cap 242)

K. BRAHMBHATT AND 2 OTHERS Vs REPUBLIC[1999] EKLR
Case Number: crim rev 5 of 97[1]	Date Delivered: 12 Mar 1999

Judge: Effie Owuor

Court: High Court at Nairobi (Milimani Law Courts)

Parties: K. BRAHMBHATT AND 2 OTHERS vs REPUBLIC

Advocates:

Citation: K. BRAHMBHATT AND 2 OTHERS vs REPUBLIC[1999] eKLR

TABITHA KASINA & OTHERS Vs FRANCIS KASINA & OTHERS[1999] EKLR
Case Number: civ suit 867 of 90	Date Delivered: 02 Mar 1999

Judge: Effie Owuor

Court: High Court at Nairobi (Milimani Law Courts)

Parties: TABITHA KASINA & OTHERS vs FRANCIS KASINA & OTHERS

Advocates:

Citation: TABITHA KASINA & OTHERS vs FRANCIS KASINA & OTHERS[1999] eKLR

STEPHEN NAMISI DAVID & 3 Others V REPUBLIC [1998] EKLR
Case Number: Criminal Appeal 866 of 1993, 867 of 1993, 869 of 1993 & 870 of 1993	Date Delivered: 30 Sep 1998

Judge: Effie Owuor, Samwel Odhiambo Oguk

Court: High Court at Nairobi (Milimani Law Courts)

Parties: STEPHEN NAMISI DAVID, RASHID PETER KALENJE, TOM CHEMTAI MASAJI & WILSON OGOLI OBOK v REPUBLIC

Advocates:

Citation: STEPHEN NAMISI DAVID & 3 others v REPUBLIC [1998] eKLR

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellants were convicted on three counts of robbery with violence and sentenced to death-whether the evidence adduced was sufficient to secure a conviction-where the conviction was based on identification evidence-whether the prosecution had proved its case against the appellants beyond any reasonable doubt-whether the appeal had merit-Penal Code section 296 (1) (2)

STEPHEN NAMISI DAVID V REPUBLIC [1998] EKLR
Case Number: Criminal Appeal 866, 867, 869 & 870 of 1993	Date Delivered: 30 Sep 1998

Judge: Effie Owuor, Samwel Odhiambo Oguk

Court: High Court at Nairobi (Milimani Law Courts)

Parties: STEPHEN NAMISI DAVID v REPUBLIC, RASHID PETER KALENJE v REPUBLIC, TOM CHEMTAI MASAJI v REPUBLIC AND WILSON OGOLI OBOK v REPUBLIC

Advocates:

Citation: STEPHEN NAMISI DAVID v REPUBLIC [1998] eKLR

..

MOURICE CHIEDO WOGA V REPUBLIC [1998] EKLR
Case Number: Criminal Appeal 1255 of 1992	Date Delivered: 16 Sep 1998

Judge: Effie Owuor, Samwel Odhiambo Oguk

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MOURICE CHIEDO WOGA v REPUBLIC

Advocates:

Citation: MOURICE CHIEDO WOGA v REPUBLIC [1998] eKLR

Criminal Law-appeal-appellant convicted of robbery with violence and sentemced to death-grounds that the Learned Trial Magistrate erred in law and in fact by convicting him when there was no evidence to positively identify him-claims that his statement had been written and made up by the investigating officer-alibi evidence-whether appellant's guilt had been proved beyond any reasonable doubt

JOSEPH AKETCH OMORO & Another V REPUBLIC [1998] EKLR
Case Number: Criminal Appeal 315 of 1993 and 346 of 1993	Date Delivered: 14 Sep 1998

Judge: Effie Owuor, Samwel Odhiambo Oguk

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOSEPH AKETCH OMORO & JAMES ACHACHA AMANGALA v REPUBLIC

Advocates:

Citation: JOSEPH AKETCH OMORO & another v REPUBLIC [1998] eKLR

Criminal Law-appeal-appellants having been jointly convicted by the learned SRM of the offence of robbery with violence and sentneced to death-appeal against conviction and sentence-incident having occured at night-identification evidence-whether there was sufficient evidence to sustain a conviction

JOSEPH AKETCH OMORO V REPUBLIC [1998] EKLR
Case Number: Criminal Appeal 315 & 346 of 1993	Date Delivered: 14 Sep 1998

Judge: Effie Owuor, Samwel Odhiambo Oguk

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOSEPH AKETCH OMORO v REPUBLIC AND JAMES ACHACHA AMANGALA v REPUBLIC

Advocates:

Citation: JOSEPH AKETCH OMORO v REPUBLIC [1998] eKLR

Criminal Law-appeal-appellants having been jointly convicted by the learned SRM of the offence of robbery with violence and sentneced to death-appeal against conviction and sentence-incident having occured at night-identification evidence-whether there was sufficient evidence to sustain a conviction