Search court decisions

…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…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…

…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…

…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…

…such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court of Appeal…

…in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported).…

…The law on this is in Hortensiah Wanjiku Yawe v The Public Trustee Court of Appeal Civil Appeal 13 of 1976 Nairobi August 6 1976 in which the former Court of Appeal for East Africa (Wambuzi P, Mustafa VP and Musoke JA) held…

…When Mr Kiambo had cited these formidable authorities, Mr Mututo submitted that the question :- “Was the decision of the former Court of Appeal for East Africa in Hortensiah Wanjiku Yawe v The Public Trustee unconstitutional…

…However, the Court of Appeal in C.A NO. 82 of 1998 Daima Bank & Others -vs_ K.H.…

…In Meru High Court Civil Appeal No. 22/88. The order that this being a boundary dispute court had no jurisdiction until the Land Registrar had determined the boundaries pursuant to s. 21(2) of the Registered land Act.…

…Kiragu: I need leave to appeal Court: Leave granted. A. MSAGHA MBOGHOLI JUDGE…

…is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court of Appeal…

…Kisumu Civil Appeal No 122 of 1986.…

…I am aware of a Court of Appeal, Civil Appeal No. 42 of 1978 reported in the Nairobi Law Monhly magazine of November 1989 where names of the parties were not given and where the court of Appeal was saying in effect that overriding…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…NAI Civil Appeal No.205 of 1995. He also referred to the case of Shirinkham V. Divecon and argued that points of limitation are to be taken during examination.…

…is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court of Appeal…

…Kisumu Civil Appeal No 122 of 1986.…

…The first one was to appeal against the refusal to adjourn the case and against the decision. Secondly, accept the decision of the Court and comply with it. A decision of the court under O XVI rule 4 is appellable.…

…There is the procedure provided for in the Civil Procedure Act and Rules for lodging appeals. There is no lacuna as was contended.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…The English Court of Appeal held that the document so signed recording Mrs Ingles evidence, was admissible in the English suit. I find the ruling in that case more pertinent to the present situation.…

…Section 5 of the Act confers on the High Court and the Court of Appeal. “...........the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice in England ............”…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…