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…At the helm is the Supreme Court followed by the Court of Appeal. This Court falls below the Court of Appeal. The decisions of the Court of Appeal are binding on this Court.…

…The issue of the constitutionality of Section 175 of the PPAD Act has been determined by the Court of Appeal.…

…He asserts that he is aggrieved and dissatisfied with the decision of the Court and he wishes to appeal to the Court of Appeal against the decision. He has grounds of appeal with very high chances of success.…

…The rule is clear that a person aggrieved by a judge's decision may, with the leave of the judge, appeal to the Court of Appeal.…

…These conditions are conjunctive and fetter the discretion of this Court, as was held by the Court of Appeal in Vishram Ravji Halai v Thornton & Turpin [1990] KLR 365: "That whereas the Court of Appeal's power to grant stay…

…rule 5(2)(b) of the Court of Appeal Rules.…

…to the Court of Appeal.…

…He expresses dissatisfaction with the judgment delivered by this Court on 29th January 2026 and states that he has taken steps to challenge that decision before the Court of Appeal, annexing what is described as a Memorandum…

…The Court of Appeal had this to say about compliance with Rule 86 of the Court of Appeal Rules (which is pari materia with Order 42 Rule 1 of the Civil Procedure Rules) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge…

…Limo Langat [2020] eKLR: - “We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…The court of Appeal had this to say in regard to rule 86 of the Court of Appeal rules (which is pari materia with order 42 Rule 1) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge Limo Langat [2020] eKLR: - “We are…

…yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…The Court of Appeal had this to say about compliance with Rule 86 of the Court of Appeal Rules (which is pari materia with Order 42 Rule 1 of the Civil Procedure Rules) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge…

…Limo Langat [2020] eKLR: - “We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…The Court of Appeal had this to say about compliance with Rule 86 of the Court of Appeal Rules (which is pari materia with Order 42 Rule 1 of the Civil Procedure Rules) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge…

…Limo Langat [2020] eKLR: - We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…In Southern Engineering Company Ltd v Musingi Mutua (supra), the Court of Appeal emphasised that assessment of damages is an exercise of judicial discretion which must be undertaken judiciously.…

…The evidentiary threshold applicable to proof of injury was addressed by the Court of Appeal in Comply Industries Limited v Mbuvi Simon Mutuku (Civil Appeal No. 121 of 2005).…

…The Court of Appeal had this to say about compliance with Rule 86 of the Court of Appeal Rules (which is pari materia with Order 42 Rule 1 of the Civil Procedure Rules) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge…

…Limo Langat [2020] eKLR: - “We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…At the centre of the court of Appeal’s discussion was order 25 sub rules (1) and (2) on withdrawal and discontinuation of suits. Order 25 reads as follows: 1.…

…According to the Court of Appeal, circumstances when suits may be withdrawn are first, where the suit has not been set down for hearing.…

…Ltd [1968] EA 123 , where the Court of Appeal held that: “An appellate court is not bound necessarily to accept the findings of fact by the trial court.…

…The leading authority from the Court of Appeal on custody of children is Githunguri v Githunguri [1979] KLR 50 , where the court held that: “Both the father and the mother of a child have an equal right to the custody of…

…the Court of Appeal are binding on this Court, and any departure would offend the constitutional norm of judicial hierarchy. 14.…

…His progression was not only legally recognized but also factually consistent with the court of appeal finding.…

…The duty of a first appellate court was explained in Selle v Associated Motor Boat Co Ltd [1968] EA 123, where the Court of Appeal held that an appellate court must reconsider the evidence, evaluate it itself and draw its…

…A similar approach was adopted in Kenya Power & Lighting Co Ltd v Esther Wanjiru Wokabi [2014] eKLR, where the Court of Appeal stated that an appellate court will only interfere with findings of fact if they are based on…

…The Court of Appeal had this to say regarding Rule 86 of the Court of Appeal Rules (which is pari materia with order 42 Rule 1) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge Limo Langat [2020] eKLR: - “We are yet…

…An appeal to the Court of Appeal form a lower by the High Court is by way of a relower and the principles upon the Court of Appeal acts are that the court must reconsider the evidence, evaluate it itself and draw its own…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 2 of 1994 GITAMAIYU TRADING COMPANY LIMITED……..................................................... ………..APPELLANT AND NJENGA KARUME JAMES NJENGA KARUME…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…An appeal to the Court of Appeal from a trial by the High Court is by way of a retrial and the principles upon which the Court of Appeal acts are that the court must reconsider the evidence, evaluate it itself and draw its…

…In Gitobu Imanyara & 2 others v Attorney General [2016] eKLR, the Court of Appeal restated the principles established in the above case of Selle v Associated Motor Boat Co.…

…The Court of Appeal in Paul Musili Wambua v.…

…IEBC & 7 Others [2014] eKLR and the Court of Appeal in Leo Sila Mutiso v.…

…of Appeal.…

…and that the Court of Appeal made its decision on 21.10.2022.…