Case law
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Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 130 OF 1986 RICHARD SAIDI ………………..…….APPELLANT V SEMBI MOTORS…………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. ..............................…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI. 67 OF 1997 J. B. MAINA AND COMPANY LIMITED ......................APPLICA NT VERSUS 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 157 OF 1992 BETWEEN ZAKAYO N. NGUGI ..................................... APPELLANT AND G.K.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 59 OF 1997 BETWEEN BLUESHIELD INSURANCE CO.…
Division and case type: CivilCivil Appeal
…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA ( Coram: Gachuhi, Muli & Tunoi JJ A ) CIVIL APPEAL NO. 5 OF 1993 BETWEEN VICTORIA DE MEO..............................................................APPELLANT AND 1. ABDULLAHI H.…
…Kneller JA, as he then was, at p 730 said - “The principles to be observed by the appellate court in deciding whether it is justified in disturbing the quantum of damages awarded by a trial judge were held by the former Court…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Omolo & Lakha JJ A) CIVIL APPEAL NO 139 OF 1989 BETWEEN DANIEL M.…
…of Appeal in order that they may know what has been tried and decided........”…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 59 of 1994 CLIFF S. M.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2. KEVINA OCHIENO OYALO 3. XAVIOUR OCHIENO OYALO 4.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…the Court of Appeal where the Court of Appeal’s decision has violated a citizen’s fundamental rights and freedoms; (ii) That the Learned Judge erred in finding that the appellant was granted a fair hearing by the Court of…
…Indeed, the letter from the Deputy Registrar, High Court to the Deputy Registrar, Court of Appeal acknowledged that the charge sheet in the record of appeal at the Court of Appeal was different and proceeded to issue the…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT…
…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan Ag CJ, Kneller & Nyarangi JJA) CIVIL APPEAL NO. 21 OF 1985 KAIRU ………………………………..…….APPLICANT VERSUS SHAW & 3 OTHERS……………….....…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 223 of 1995 CORPORATE INSURANCE CO.…
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.) CIVIL APPEAL NO. 62 OF 1993 BETWEEN CARTER & SONS LTD...................................................................APPELLANT AND 1.…
…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, AKIWUMI & TUNOI, JJ.A.) CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN .............................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & O'KUBASU, JJ.A.) CIVIL APPEAL NO. 212 OF 1996 BEATRICE NYAMBURA MUCHERU ...........................…
…(as he then was) in Civil Case (O.S.) 70/79, who referred to the Court of Appeal Judgment in Kenya Commercial Bank v James Osebe, Civil Appeal No. 60/82, and particularly the Judgment of Hancox Ag. J.A.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 108 OF 1985 SIMON ODINGA……………………………………APPELLANT V CHARLES SANDE….………………….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement…