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…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…

…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…On this ground I would uphold the learned judge’s decision allowing the first appeal, though not for the reasons given by him, namely that the case was covered by section 149 of the Act.…

…We are not called upon to consider the operation of section 149, (nor of the application of prerogative orders mooted on the first appeal).…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…This being the first appeal, I have the duty to re-evaluate the evidence before the trial court while bearing in mind that this court has neither seen or heard the witness and therefore give due allowance for that.…

…This is a first appeal from a trial by the High Court.…

…The principle questions raised in this first appeal are whether the employer, the Kenya Bus Services (Mombasa) Ltd had been entitled to summarily dismiss its employee Aloyce Mariera, and if so, whether the employer had paid…

…The appeal before us is, of course, a first appeal and is therefore, by way of a rehearing, but it would be a very strong thing indeed for the Court to reverse the Judge on purely issues of fact, unless of course the Court…

…On October 26, 1981 Masime J dismissed the appellant’s first appeal from the decision of the resident magistrate with costs. He said the facts in the matter before him were very simple.…

…It is, in the circumstances, apparent that the learned judge misdirected himself on that point as alleged in the first ground of appeal.…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…

…The learned Chief Justice’s finding on the first appeal had in effect been that the goods were subject to inherent vice and it was for this reason that Law JA went on to hold that it would be unjust for the plaintiffs to…

…The first ground of appeal accordingly fails.…

…were read pursuant to subrule (5) of Rule 52 of the Court of Appeal Rules: KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979 who dismissed with costs the first…

…appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).…