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…IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT…

…Dealing with the question of the girl taking the oath it should be borne in mind that where there was an inquiry as to the understanding of a child witness of the nature and solemnity of an oath, the Court of Appeal in R…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: PALL J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 372 OF 1996 BETWEEN DAVID KONGO .......................................................…

…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…

…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.…

…Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative as opposed to a legal representative, could sue in Kenya for damages for the benefit of the estate of a deceased…

…the Court of Appeal, cannot sue on behalf of the estate of the deceased without first having obtained letters of administration.…

…On appeal, the above decision was affirmed by the Court of Appeal in its Civil Appeal No 63 of 1981, Cassam & Another v Sachania & Another (as yet unreported). At page 3 et. Seq.…

…On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…Nyandoro also relied on the judgment of the Court of Appeal inJonathan Ngumbao versus Piri Wa Mwatate and three others - MombasaCivil Appeal No. 43 of 1987 (unreported).…

…Nyandorohas misunderstood the judgment of the Court of Appeal in JonathanNgumbao versus Piri Wa Mwatate and three others (Supra).…

…(Attorney General v Joseph Wanjira, Court of Appeal CA No 45 of 1982). I am asked to open a new vista of jurisprudence in determining factors to be taken into account whilst assessing damages.…

…All that I would say, having regard to recent decisions of the Court of Appeal, that “in cases in which there are Kenya decisions on the point, in which the main essentials bear comparison with the facts of the one before…

…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.…

…Njiru Mbogo though served did not dispute these facts and there are several decisions by the Court of Appeal on this issue.…

…The Court of Appeal had this to say in the case of NATIONAL BANK OF KENYA LTD VS WILSON NDOLO AYAH Civil appeal No.119/2002 [2009] eKLR “However, a statute prohibiting certain acts is meant to protect the public interest.…

…The application eminates from a Court of Appeal No. 263 of 1998. To understand what is in dispute it will be necessary to look at the Order itself.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…The application eminates from a Court of Appeal No. 263 of 1998. To understand what is in dispute it will be necessary to look at the Order itself.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…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…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…he should not furnish security breached order 38 r 5 and was a nullity. ” - See Ndirangu v Abdallah CA 10/79 (UR) courts are normally slow to order the attachment of a defendant’s property before judgement because as the court…

…of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability to execution is established but also because in view of the…

…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…The principle upon which the Court orders preliminary point is now trite following Court of Appeal decision in the case of MUKISA BISCUIT MANUFACTURING COMPANY LIMITED vs.…

…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…