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…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………..…

…However, a Court of Appeal will not normally interfere with a finding by the trial court unless it is based on no evidence, or on a misapprehension of the evidence, or the judge is shown demonstrably to have acted on wrong…

…The application should be made to the appeal court.” The reasoning of the learned judge was, with respect, incorrect.…

…It is unnecessary for him to apply to the Court of Appeal for it. There is no inconsistency in doing so.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........…

…It is known that courts of justice themselves make mistakes which is politely referred to as erring, in their interpretation of laws and adoption of a legal point of view which courts of appeal sometimes overrule.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…Civil suit No 1038 of 1974 JUDGMENT OF KNELLER, J A We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of…

…REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….…..…

…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 .................…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…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.........................................................................…

….APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….………………..…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…CONVENTRY CITY COUNCIL [1997] WLR 1666, a persuasive authority, the Court of Appeal of England ruled on a similar case. In the case, the Defendant supplied particulars requested for by the Plaintiff.…

…The Court of Appeal held: “(2).…

…The Court of Appeal has provided guidance on construction of that provision.…

…The Court of Appeal’s response to that argument is found at page 8 of the judgment line 9 from the bottom.…

…That criteria has been expressly approved by both the former court of appeal for Eastern Africa and the present Kenyan Court of Appeal (see for example NSUBUGA –vMUTAWE [1974] E.A. 487, ABEL SALIM & OTHERS –vsOKONGO & OTHERS…

…RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended appeal to the Kenya Court…

…of Appeal.…

…RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended appeal to the Kenya Court…

…of Appeal.…

…Court of Appeal decision in Civil Appeal No. 114 of 1997: Ernest M. Njoroge & 28 others v.…

…thus causing an accident in which a passenger was injured, the trial judge accepted an expert witness evidence that a reasonably competent driver should have been able to control the bus at such speed; the view which the court…

…of appeal did not disagree with.…

…The said case of Leary vs National Union of Vehicles Builders was followed by Kneller JA in our Court of Appeal Civil Application NAI 41 of 1986 Teresa Shitaka vs Mary Mwamodo and 4 others (unreported).…