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: 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: 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: 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: 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: 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 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
…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: CivilMiscellaneous Application
…REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….…..…
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: 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: CivilCivil Suit
…REPUBLIC OF KENYA COURT OF APPEAL AT NAIROBI CIVIL MISC APPL 136 OF 1986 JOSHUA CHEGE WANYOIKE ……………………………………….…..…