Case law
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Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.…
…NO. 1059 OF 1999) ********************* R U L I N G I have before me an application by way of Notice of Motion brought under Rules 4 and 42 of the Court of Appeal Rules (the rules) in which the applicants herein seek the…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OWUOR, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A) CIVIL APPLICATION NO.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 372 of 1996 DAVID KONGO ……………………………………………………... APPLICANT AND NJOROGE NJUGUNA ………………………...………………..…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & SHAH, JJ.A.) CIVIL APPLICATION NO. NAI. 206 OF 1997 (89/97UR) BETWEEN MARGARET WANJIKU MWATHI ................................…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…
…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPLICATION NO NAI 8 OF 1987 KENYA ARAB ORIENT INSURANCE……………APPELLANT V LOCHABTRANSPORT ….………………………..RESPONDENT RULING This is an application brought under…
…rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of time and that the costs of the application be costs in the appeal…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI Civil Appli 23 of 1998 VIHIGA MILLERS & HIGHES LTD ...........................................................................APPELLANT AND NIFREDA MUDOLA...............…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI (Coram; Platt, JA (In Chambers) CIVIL APPLICATION NO NAI 130 OF 1986 ( In the matter of an intended appeal ) BETWEEN LOISE WAINARO WAMITI …………………………...……………….. APPLICANT AND 1.…
…Several aspects call for special mention1.As the copy of the letter requesting proceedings was not served on the respondent the proviso to rule 81(1) of the Court of Appeal Rules does not apply (See Rule 81(2) of the rules…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPLICATION NO NAI 64 OF 1987 LILIAN WAIRIMU KINGA’NGI ………….....................………….APPELLANTS VERSUS PRESBYTERIAN CHURCH OF EAST AFRICA & ATTORNEY……RESPONDENT…
…Counsel for the 1st respondent asked me to put a strict interpretation on rule 58 of the Court of Appeal Rules, with regard to the service of Notice of Appeal.…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Platt, Gachuhi JJA &Masime Ag JA) CIVIL APPLICATION NO NAI 143 OF 1987 BETWEEN LYDIA WANJIRU MWANGI........................................APPELLANT AND RAJNIKANT JOSHI...........…
…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI (CORAM:PLATT JA) CIVIL APPLICATION NO NAI 51 OF 1987 KENYA FILM CORPORATION………………APPELLANT VERSUS MUTHIKE…………………………………..RESPONDENT Ruling.…
…That was within the time allowed by rule 74 of the Court of Appeal Rules. The record would have to be lodged within 60 days of September 24, 1986 namely November 23, 1986. Two further steps were required by the rules.…
Division and case type: CivilCase number Civil Application
…OF APPEAL AT KISUMU CIVIL APPEAL 125 OF 1985 JO NYARANGI, HG PLATT & JM GACHUHI, JJA MARCH 28, 1988 BETWEEN HENRY MUKHWANA KWEMULI ......................................................…
…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT…
…apparently did not appreciate that leave to appeal was necessary, and so did nothing towards that goal till 26th March 2009 when the present advocates took over the conduct of the case and found that there was need to seek leave of…
Division and case type: CivilCase number Civil Application
…Kenya Commercial Finance Co Ltd v Nyaana Saw Mills Court of Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of…
…Accordingly I agree with Murithi that the first part of the application is not really consistent with the aim of rule 4 of the Court of Appeal Rules.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox and Nyarangi, JJ A) CIVIL APPLICATION NAI 51 OF 1985 BETWEEN THE HON THE ATTORNEY GENERAL ………………………..……….................…
…the Court of Appeal Rules and into the question of whether or not the time for lodging a notice of appeal under rule 74(2) (ibid) should be extended.…