Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…(Being an appeal from the Judgment delivered on 5th February 2021 by Hon. A N Makau () in Milimani CMCC No. 2349 of 2019) 1. This is an appeal against liability and quantum.…
…herein bears the costs of the Appeal. 2.…
Division and case type: High Court DivCriminal Appeal
…He has appealed against the conviction.…
…The state did not file grounds for opposing the appeal or provide their submissions. 5. This court is an appellate court.…
Division and case type: High Court DivCivil Appeal
…The Appellant is dissatisfied with this decision by the subordinate court and now appeals to the court through his memorandum of appeal dated 4 th February 2025.…
…This position was re-affirmed by the Court of Appeal in Maria Ciabaitaru M’mairanyi & Others v Blue Shield Insurance Company Limited -Civil Appeal No. 101 of 2000 [2005] 1 EA 280 where it was held that: “Whereas under section…
Division and case type: CivilCivil Appeal
…the appeal.…
…It was all the more wrong to dismiss the appeal summarily as the appeal to the High Court was a final appeal.” That appeal was not actually upon the question of summary dismissal.…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…the appeal.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & LAKHA, JJ.A.)…
…An Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice J.M.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..…
…APPEALS NOS 417, 498, 496 & 499 OF 1989) ******************************** JUDGMENT OF THE COURT As the appellant had pleaded guilty at his trial he had a right of appeal against sentence to the High Court which he duly exercised…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. J.A.)…
…His appeal to the High Court was dismissed. The only point of law for consideration in this second appeal is that of identification.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…
…on the grounds that Ang'awa, J. declined to grant leave to appeal on 26th August, 1996 and that there is no express provision under the Law of Succession Act allowing an automatic right of appeal from ruling or order of the…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 223 of 1995 CORPORATE INSURANCE CO.…
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: CriminalCriminal Appeal
…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: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 5 of 1992 FRANCIS NGIGI GATHUGU ………………………….. APPELLANT AND REPUBLIC …………………………………………….…
…Accordingly, the appellant’s appeal is without any merit and the same is dismissed. It is so ordered. Dated and delivered at Nairobi this 17th day of September, 1992. J.M. GACHUHI JUDGE OF APPEAL J.E.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 284 OF 1998 HON.…
…, the said appeal is now hereby marked as withdrawn with no order as to costs.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT Perhaps the less said about this appeal the better.…
…The appellant’s first appeal was summarily rejected. It ought not to have been.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.)…
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME JJ A & COCKAR Ag JA) CIVIL APPEAL NO 47 OF 1989 GITHU………….......………….…..…
…I agree that this appeal must be allowed with costs.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…
…........................RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Dugdale J) dated 21st February, 1994 IN H.C.C.C.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox, JJA & Chesoni, Ag JA) CRIMINAL APPEAL NO 31 OF 1983 BETWEEN THOMAS OCHIENG AJWANG ……………………..………….…
…Thomas has now appealed to this court from the High Court decision.…