Case law
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Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & TUNOI, JJ.A.) CIVIL APPLICATION NO. NAI. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU .................................…
Division and case type: CivilMiscellaneous Application
…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: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.…
Division and case type: CivilMiscellaneous Application
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI 314 OF 1999 (122/99 UR) BETWEEN JOHN KIPKEMBOI KILEL .........................................…
Division and case type: CivilMiscellaneous Application
…IN THE COURT OF APPEAL AT NAIROBI (CORAM:LAKHA J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 115 OF 2000 BETWEEN KAPLAN & STRATTON………………...........................……………APPLICANT AND L.Z.…
…And in Locabail (UK) Ltd v Bayfield Properties Ltd [2000] 1 All ER 65 at 77, the Court of Appeal in England significantly states:- “By contrast, a real danger of bias might well be thought to arise if there were personal…
Division and case type: CivilMiscellaneous Application
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller JA) CIVIL APPLICATION NO NAI 33 OF 1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court…
…at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of the Court of Appeal Rules (cap 9), moves that the court by orders directs that…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…
Division and case type: CivilMiscellaneous Application
…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 Case
…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 Case
…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.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….…..…
Division and case type: CivilMiscellaneous Application
…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: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO NAI 16 OF 1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................…