Case law
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Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Law, J.A. Kneller and Hancos, Ag, JJ.A.) CIVIL APPEAL NO. 8 OF 1983 BETWEEN BUNDI MAKUBE an infant suing By his next friend THOMAS BUNDI………..…
…The plaintiff now appeals to this court against that dismissal.…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: GeneralUnclassified
…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…
…The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
…His first appeal to the superior court against both conviction and sentence was dismissed.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 87 1999 (32/99 UR) BETWEEN THE REPUBLIC .......................................…
…in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion before us.…
Division and case type: GeneralUnclassified
…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…
…JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…
Division and case type: CivilCivil Suit
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 52 & 53 OF 1982 BETWEEN GURBAKSH SINGH & SONS LTD.........................................................................…
…He was incapable of managing and administering his own property and affairs when the suit was filed on August 8, 1982 and when the appeal was filed on September 29, 1982 so that he sued and appealed by his next friend, Charanjit…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: GeneralUnclassified
…APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT (An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon.…
…NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.…
Division and case type: GeneralUnclassified
…This is a second appeal and concerns land.…
…This appeal is dismissed with costs. Dated and delivered at Nairobi this 25th day of May, 1998. R.S.C. OMOLO ................ JUDGE OF APPEAL A. B. SHAH ................. JUDGE OF APPEAL S.E.O. BOSIRE .................…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Tunoi, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: CivilCivil Suit
…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
Division and case type: GeneralUnclassified
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
…We shall order that the appeal C.A. 252 of 1999 be heard on a priority basis. Delivered at Nairobi this 7th day of December, 1999. J. E. GICHERU ............... JUDGE OF APPEAL R. O. KWACH ...............…
Division and case type: GeneralUnclassified
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
…NO. 23 OF 1997) ********** RULING OF THE COURT The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds.…
Division and case type: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
…of this Court in favour of the respondent and granted him extension of time for lodging the Notice of Appeal and the record of appeal.…
Division and case type: GeneralUnclassified
…Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just.…
…In all the circumstances, I allow this application and extend time for filing the appeal by 14 days from today. The costs of this application will be the respondents' costs in the appeal in any event.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal…
Division and case type: GeneralUnclassified
…The failure to file the record of appeal in time is fully explained and the explanation is not really challenged.…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
Division and case type: CivilCivil Suit
….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…
…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…
Division and case type: GeneralUnclassified
…MUMIAS SUGAR COMPANY LTD .........................RESPONDENT (Being an application for extension of time to serve notice of appeal out of time in an intended appeal from the judgement of the High Court of Kenya at Nairobi…
…who was also a party in the judgment already appealled against.…