Judgment[2014] KESC 3
Case law
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Division and case type: CivilCivil Appeal
We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case for a proper interpretation of the constitutional status of County Assembly privileges, operating within the scheme of the separationofpowers doctrine. As it is clear to us that the respondents’ case rests on fundamental constitutional questions not yet interpreted, and which
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C. 30 OF 1994) ******************** RULING OF THE COURT This is an application under Rule 80 of the Court of Appeal Rules (Rules) for
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL AT NYERI Civil Appeal 251 of 1996 1. JOSEPHAT MWANGI…………….................................……………………….APPELLANTS AND RUTH W.
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. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN .............................
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 141 of 1996 IBRAHIM MULU M’INYINGI…………….……APPELLANT AND PETER M’ITABATHI……………...………….RESPONDENT (Appeal from a decree of the High Court of Kenya a MERU (Justice Ong’udi C.O) dated 19th October, 1995 IN H.C.C.A. 15 OF 1995) ***********************
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... PHILEMON OYIGO……………………....................................……………….
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI Civil Appeal 216 of 1995 JULIUS KITHINJI NKANATA.........................................................1ST APPELLANT GERALD GIKUNDA NKANATA......................................................2ND APPELLANT AND M’NKANATA M’MUTUNGI...................................................................RESPONDENT (Appeal from the Order/ Ruling of the High Court of Kenya at Meru (Mr. Kuloba) dated 10th November, 1993 IN H.C.C.C.
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. LIROVARS…………….............................................……….………………… APPELLANT AND THE OWNERS OF MOTOR VEHICLE “DHIRAN K ”………….............………......
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI ( Coram: Gachuhi, Kwach & Akiwumi JJ A ) CIVIL APPEAL NO. 87 OF 1993 BETWEEN KENINDIA ASSURANCE COMPANY LIMITED........................................APPELLANT AND PATRIC MUTURI.....................................................................................RESPONDENT (Appeal from the ruling of the High Court of Kenya at Meru (Mr Justice Kuloba) dated 11th day of May, 1993 in HCCC No 114 of 1990) *********************************
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji J, dated 21st May 1990 in HCCC No 602 of 1987) Damages - general damages - claim for damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of six year old child - whether father entitled to such damages in the absence of evidence of any pe
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI (Coram:Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 149 OF 1986 BETWEEN KARURU MUNYORORO....................................APPELLANT AND JOSEPH NDUMIA MURAGE............................RESPONDENT
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NYERI (CORAM: KNELLER, NYARANGI JJA & GACHUHI Ag JA) CIVIL APPEAL NO. 105 OF 1985 JAMES NDUHIU MACHARIA ……...…………….……APPELLANT VERSUS MWOTIA MACHARIA ……………………..……….RESPONDENT (Appeal from a Ruling and Order at the High Court at Nyeri, Patel J)
Division and case type: CivilCivil Appeal
application through an advocate seeking for review of the judgment and prayer for consequential orders after the judgment to be set aside and the case to be heard on merit. The application was grounded on the fact that they being some of the defendants they were not summoned to appear before the arbitration panel and that judgment was given against them and were made to pay costs in a matter which they had not heard.
Division and case type: CivilCivil Appeal
declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a declaration on an originating summons.
Division and case type: CivilCivil Appeal
Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.
Division and case type: CivilCivil Appeal
Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG................................................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J)
Division and case type: CivilCivil Appeal
On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each side, the award to be filed in court within 120 days. 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
IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court