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…A member whose membership has been terminated or suspended shall have the right to appeal at an Extraordinary General Meeting which shall determine the matter without further recourse.…

…A member wishing to appeal shall lodge his application with the Chief Executive in writing within thirty days of the date of the written notice suspending or terminating the membership................”…

…Bashir Ahmed Butt v Uwais Ahmed Khan – Civil Appeal No 40 of 1977 7. Conolly v. Camden Area Health Authority [1981] 3 ALL E R 250 8. Zablon W Marige v Morris Wambua Musila – Civil Appeal No 66 of 1982 9.…

…In Kenya the leading case on epilepsy is Rahim Tayab & Another v Anna Mary Kinanu Civil Appeal No 29 of 1982. In Tayab’s case the Court of Appeal reduced an award of Kshs 750,000 to Kshs 300,000.…

…Where a person is dissatisfied with the decision after being served with an enforcement notice they are entitled to appeal against the said decision of the National Liason Committee.…

…The appeal is made to the High Court.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…the defendants file din the Court of Appeal against the interpretation placed on the consent order by Judge Hayanga.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…the defendants file din the Court of Appeal against the interpretation placed on the consent order by Judge Hayanga.…

…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…

…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…

…Being aggrieved with that order the appellant appealed to this court citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed…

…They cannot raise it now as this court cannot call for that evidence on appeal.…

…Nyandoro also relied on the judgment of the Court of Appeal inJonathan Ngumbao versus Piri Wa Mwatate and three others - MombasaCivil Appeal No. 43 of 1987 (unreported).…

…Nyandorohas misunderstood the judgment of the Court of Appeal in JonathanNgumbao versus Piri Wa Mwatate and three others (Supra).…

…Njiru Mbogo though served did not dispute these facts and there are several decisions by the Court of Appeal on this issue.…

…The Court of Appeal had this to say in the case of NATIONAL BANK OF KENYA LTD VS WILSON NDOLO AYAH Civil appeal No.119/2002 [2009] eKLR “However, a statute prohibiting certain acts is meant to protect the public interest.…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…evidence in the civil proceedings in Kitale Resident Magistrate’s Court in Criminal Case No 3175 of 1979 in which he was prosecuted for an offence under section 313 of the Penal Code, (cap 63) the judgment in the Court of Appeal…

…, Criminal Appeal No 21/1981 which was an appeal against the decision of the High Court dismissing summarily the plaintiff’s appeal against the decision in the Kitale case (copies of both cases which he produced in court…

…(Attorney General v Joseph Wanjira, Court of Appeal CA No 45 of 1982). I am asked to open a new vista of jurisprudence in determining factors to be taken into account whilst assessing damages.…

…(Southern Engineering Co Ltd v Musingi Mutua, Court of Appeal CC No 46 of 1983).…

…They appealed to the Court of Appeal. The appeal was given a number to wit Court of Appeal Civil Appeal No.92 of 1988.…

…Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…

…Njoroge Kiania Civil Appeal No. 48 of 1996, the cost of future medical costs are special damages. As the Plaintiff did not specifically plead the sum claimed as cost of future operation, the same cannot be awarded.…

…The plaintiff has given notice of intention to appeal against the ruling of Shields, J and the defendants in opposing the appeal, should one be eventually filed, will inevitably incur costs.…

…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…not furnish security breached order 38 r 5 and was a nullity. ” - See Ndirangu v Abdallah CA 10/79 (UR) courts are normally slow to order the attachment of a defendant’s property before judgement because as the court of Appeal…

…Such procedure was discouraged by the Court of Appeal in “The Ripples Case” CA NAI 186/92 (NAI.77/92 UR) court Bailiffs have sufficient powers under the law to enforce court orders. Orders accordingly.…