Case law
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Division and case type: CivilCivil Appeal
…in an intended appeal by the applicant.…
…The applicant is granted leave to file his notice of appeal out of time. This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A.…
…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…
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……………….....…
…It is said that the omissions not appearing in the record are vital, and they may well affect the court’s decision on this appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI CIVIL APPEAL 74 OF 83[1] BETWEEN THUMBI GIKIRA……………………………………….………………….APPELLANT AND GEORGE GATHIRUA MWARIRI GATHIRUA …………..…
…The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Masime JA, Gicheru & Kwach Ag JJA) CIVIL APPEAL NO 57 OF 1985 BETWEEN NEW TYRES ENTERPRISES LIMITED.......................................…
…At the commencement of this appeal, Mr Omesh Kapila, learned counsel for the appellant, very wisely abandoned the second ground of appeal and made submissions only in relation to the first ground.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 64 OF 1985 PATEL …………….…..............…….APPELLANT VERSUS SINGH ………..……………….....…..DEFENDANT JUDGMENT This appeal is based on the…
…Accordingly, I also think we should make no order as to costs on this appeal. Dated and Delivered at Nairobi this 1st Day of July, 1987 J.O. NYARANGI ……………… JUDGE OF APPEAL J.M GACHUHI ………………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:nyarangi, Apaloo & Masime JJA) CIVIL APPEAL NO 27 OF 1985 SAMWEL KANOGO RITHO...................................APPELLANT VERSUS JOHN MWANGI KARIITHI & ANOTHER.............DEFENDANT…
…So the grounds of appeal relating to specific performance are not being pursued in the appeal. Rather the only issue left is that of the refusal of the superior court to award damages to the appellant.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Gicheru & Kwach, JJ.A.)…
…Dissatisfied with this decision, the appellant appeals to this court and puts forward seven grounds of appeal. These grounds are mainly on liability and quantum of damages.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller, Hancox & Nyarangi, JJ.A.) CIVIL APPEAL NO. 93 OF 1985 BETWEEN 1. JOHN ONYANGO 2. JAVAN O.…
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
Division and case type: CivilCivil Appeal
…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…
…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 96 OF 1984 Between ORUTA & ANOTHER ...................................................APPELLANT AND NYAMATO.........................…
…I would dismiss this appeal with costs. Nyarangi JA. I am quite clear that the judgment of Gachuhi JA is right. The order of the court therefore is that the appeal is dismissed with costs. Platt JA.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:nyarangi, MasimE JJA & Kwach Ag JA) CIVIL APPEAL 62 OF 1986 GIDEON GITAU NDATHA.........................................APPELLANT VERSUS ROSALINE MARY OSBORN.......................…
…It follows that this appeal fails and is dismissed with costs. Dated and delivered at Nairobi this 9th day of November, 1988 J.O. NYARANGI .................... JUDGE OF APPEAL J.R.O. MASIME ....................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Simpson CJ, Potter & Kneller JJA) CIVIL APPEAL NO 70 OF 1982 BETWEEN INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION......................APPELLANT AND KEMUMA.....................…
…I agree that this appeal should be allowed with costs for the reasons given in that judgment.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High…
…This is a first appeal from a trial by the High Court.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Chesoni Ag JA ) CIVIL APPEAL NO. 43 OF 1983 THE EAST AFRICAN POWER AND LIGHTING COMPANY LIMITED …..….....…................…..…
…On this appeal before us by the defendant the grounds of appeal are that the Judge erred in exercising his discretion and refusing to grant a stay, in holding that the disputes which were the subject of the proceedings did…
Division and case type: CivilCivil Appeal
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & LAKHA, JJ.A.)…
…It is patently obvious that the record of the appellant's appeal does not contain a certified copy of the decree appealed against.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…
…JUDGE OF APPEAL P.K. TUNOI ................. JUDGE OF APPEAL A.B. SHAH .................…
Division and case type: CivilCivil Appeal
…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…
…In the result, I will grant the applicant 7 days within which to file its Notice of Appeal and 30 days thereafter within which to lodge its record of appeal.…