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 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: 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: 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: 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: 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: 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: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 79 of 1997 BEATRICE WANJIRU KIMANI .......................................................................................…
…Judges of a Appeal, and considered the general conduct of the matter before the Court. To some degree, the appeal raised some complex issues to be decided by the Court.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT…
…The appeal is therefore dismissed with each party bearing his costs. Apaloo JA. The only question of substance raised in this appeal, involves figures and is a pure question of arithmetic.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.)…
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH ……………………..........................…….……………… APPELLANT AND AGIP…
…A A Kneller Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH …………………………..............……………… APPELLANT…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…I would therefore dismiss the appeal with costs. Chesoni Ag JA. The facts of this appeal have been stated in detail by Platt JA and Hancox JA has in a nutshell pointed out the issue.…
Division and case type: CivilCivil Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…The respondent cross appealed and set out ve grounds of appeal but the rst four grounds were abandoned leaving the issue of quantum only for arguments before this Court. 2.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…