Search court decisions

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. J.A ) CIVIL APPEAL No. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K. NDEGWA…..…

…Accordingly the appeal is incurably defective as renders the appeal incompetent. It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…We therefore have to consider whether the words “pending suit” are wide enough to cover a pending appeal. For this purpose we have to decide whether this appeal is a suit, because appeals are provided for by statute.…

…Secondly I think that according to ordinary conceptions an appeal is something different from the cause from which the appeal sprang.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO.92 OF 1983 BETWEEN JITENDRA BRAHMBHATT...........................................APPELLANT AND DYNAMICS ENGINEERING LTD.............…

…He accordingly asked us to dismiss the appeal with costs.…

…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…

…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller Hancox JJ A and Chesoni Ag J A) CRIMINAL APPEAL NO 37 OF 1984 BETWEEN GILBERT CHEGE ………………………………….. APPELLANT AND REPUBLIC ………………………………………….…

…The appellant has served his sentence and in any event, because it was a lawful one, we could not have dealt with an appeal against its severity or otherwise as this is a second appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC................…

…The second one, Kenneth Nyaga Muthenya, lodged an appeal against conviction and sentence.…

…Criminal Appeal No. 316 of 2004, and the Court of Appeal in Criminal Appeal No. 363 of 2006, each dismissed the appellant’s appeal, upheld the appellant’s conviction, and confirmed the death sentence. [2] After the dismissal…

…The letters confirmed that the charge sheet that was in the record of appeal before the Court of Appeal in Cr Appeal No. 363 had been tampered with.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO.…

…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…

…Ahmed Ali D Sumaar V Republic [1964] EA 481, Horace Kiti Makupe v R Criminal Appeal 93 of 1983 (unreported) and Mohamed Rafiq v R Criminal Appeal No 56 of 1983 (unreported).…

…All this applies to the hearing of an appeal and not only a re-trial.…

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…Civil Appeals numbered 96 of 1996 and 98 of 1996 were both struck out by this Court (Kwach, Akiwumi & Pall JJ.A) on the 22nd day of May, 1997 as, in both the appeals, the date on the copy of the orders appealed against did…

…not coincide with the date of the order and as the order appealed against appeared to have been certified on a date subsequent to the filing of the appeal.…

…I have no doubt that this appeal is not maintainable.…

…President Moi was subsequently granted leave by the High Court, to appeal to this Court which culminated in Civil Appeal No 176 of 1993.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ A CRIMINAL APPEAL NO 88 OF 1995 BETWEEN KAMLESH MANSUKLAL DAMJI PATTNI ……..APPELLANT AND REPUBLIC …………………...........…

…Clause 38 has the effect, inter alia, of making it possible for an order of a Judge on revision to be appealed against. Clause 39 introduces a new power to appeal to the Court of Appeal against an acquittal.”…

…He has not appealed against that decision.…

…The memorandum of appeal contains 13 grounds of appeal.…