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…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................…

…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.…

…In Civil Application No Nairobi 6 of 1979 M M Butt vs R R Tribunal and Z N Shah our Court of Appeal expressed similar views.…

…The Court of Appeal in that application was endorsing the sentiments of Brett LJ in Wilson vs Church (No 2) 12 Ch D (1879) 454 at p 459.…

…Nyandoro also relied on the judgment of the Court of Appeal inJonathan Ngumbao versus Piri Wa Mwatate and three others - MombasaCivil Appeal No. 43 of 1987 (unreported).…

…Nyandorohas misunderstood the judgment of the Court of Appeal in JonathanNgumbao versus Piri Wa Mwatate and three others (Supra).…

…The application eminates from a Court of Appeal No. 263 of 1998. To understand what is in dispute it will be necessary to look at the Order itself.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…The application eminates from a Court of Appeal No. 263 of 1998. To understand what is in dispute it will be necessary to look at the Order itself.…

…The deponent stated further that although the defendant lodged an appeal to the court of appeal against the interpretation given by Judge Hayanga to the consent order, such appeal was dismissed with costs but that counsel…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…Guidance as to the attitude that a court should take in such a case was probably described by Law Ag P as he then was, in the East African Court of Appeal case of Patel and Others v Dhanji and Others [1973] EA 301.…

…On High Court case of James Keffa Wagara and Rumba Kinuthia v John Anguka and Gitahi Civil Suit No 724 of 1988, I had extended the application of the judgment of the East African Court of Appeal case of Patel to the internal…

…The principle upon which the Court orders preliminary point is now trite following Court of Appeal decision in the case of MUKISA BISCUIT MANUFACTURING COMPANY LIMITED vs.…

…They appealed to the Court of Appeal. The appeal was given a number to wit Court of Appeal Civil Appeal No.92 of 1988.…

…Court of Appeal decision in Civil Appeal No. 114 of 1997: Ernest M. Njoroge & 28 others v.…

…The applicant having filed a notice of appeal, an appeal to the Court of Appeal shall be deemed to have been filed (Order 41 Rule 4(4).…

…Section 5 of the Act confers on the High Court and the Court of Appeal. “...........the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice in England ............”…

…thus causing an accident in which a passenger was injured, the trial judge accepted an expert witness evidence that a reasonably competent driver should have been able to control the bus at such speed; the view which the court…

…of appeal did not disagree with.…

…court, the evidence in the civil proceedings in Kitale Resident Magistrate’s Court in Criminal Case No 3175 of 1979 in which he was prosecuted for an offence under section 313 of the Penal Code, (cap 63) the judgment in the Court…

…of Appeal, Criminal Appeal No 21/1981 which was an appeal against the decision of the High Court dismissing summarily the plaintiff’s appeal against the decision in the Kitale case (copies of both cases which he produced…

…I am aware of a Court of Appeal, Civil Appeal No. 42 of 1978 reported in the Nairobi Law Monhly magazine of November 1989 where names of the parties were not given and where the court of Appeal was saying in effect that overriding…

…The contractor was also deemed to have entered into a contract similar to the one entered herein with the sub-contractor and when the representative of the employer in that case refused to approve a certificate, the Court…

…of Appeal decided that the subcontractor had a right to use the name of the main contractor in invoking the arbitration clause as the sub-contractor, called Crown would have suffered an injustice in the circumstances of…

…in law is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court…

…of Appeal Kisumu Civil Appeal No 122 of 1986.…