Case law
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Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCriminal Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
Division and case type: CivilCivil Suit
…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…
…– delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules.…
Division and case type: CivilCivil Suit
…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.…
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………..…
…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…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….…..…
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.........................................................................…
….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…
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 .................…
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….………………..…
Division and case type: Environment and Land CourtCivil Suit
…Court of Appeal rules.…
…On application by the Plaintiff in the Court of Appeal, the Court of Appeal struck out the Defendant’s record of appeal on 22nd March 2023 for the reason that the same was served out of time.…
Division and case type: Environment and Land CourtCivil Suit
…of Appeal.…
…the Court of Appeal was delivered.…
Division and case type: Environment and Land CourtCivil Suit
…officio of the matter because already the Court of Appeal is seized of the matter with the requisite jurisdiction under Rule 5 (2) (b) of the Court of Appeal Rules to grant the stay of proceedings, stay of execution and…
…Counsel submitted that the Plaintiff having filed a Notice of Appeal in the Court of Appeal, then it is the right court to file an application for stay of proceedings Counsel relied on Rule 5 (2) (b) of the Court of Appeal…
Division and case type: Environment and Land CourtCivil Suit
…before the court of Appeal.…
…In so far as the present application seeks settling aside of the stay of execution orders issued herein on the basis that there is no appeal before the Court of Appeal, the court having found that it cannot interrogate the…
Division and case type: Environment and Land CourtCivil Suit
…KISUMU COURT OF APPEAL CASE NO.…
…The Applicant being aggrieved by the judgement pronounced on the 29.03.2023 proceeded to file an Appeal before the Court of Appeal known as KISUMU COURT OF APPEAL CASE NO.…
Division and case type: High Court CivilCivil Suit
…Further, that the judgment of the Court of Appeal was never brought to his attention and the only decision his advocates are aware of is that of this Court of 7.3.17.…
…the Court of Appeal.…
Division and case type: Environment and Land CourtCivil Suit
…It was counsel’s disposition that the Applicants filed another application for stay of execution in the Court of Appeal, and on 19th November 2025, the Court of Appeal directed that the Applicants pay the sum of Kshs. 15,000,000…
…It is on record that the Applicants filed another application for stay of execution in the Court of Appeal, and on 19th November 2025, vide Nakuru Court of Appeal Civil Appeal No.…
Division and case type: Environment and Land CourtCivil Suit
…to the Court of Appeal.…
…the Court of Appeal Rules. 6.…