Case law
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Division and case type: CivilCivil Appeal
…in civil appeal No 80 of 1987.…
…Variation or precision cannot include the words “Stay pending appeal”. An appeal generally seeks to set aside the orders of the Tribunal or court below.…
Division and case type: CivilCivil Appeal
…The appellants were not happy with this assessment and he lodged the appeal against the same.…
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 335 OF 1997 N W...........................................................APPLICANT versus M M......................................................…
…The appellant was aggrieved by that decision hence this appeal.…
Division and case type: CivilCivil Appeal
…This appeal arises from a suit which was filed by the respondent Samuel Nyaga Ngurukiri against the appellant Blueshield Insurance Company Ltd.…
…(v) That the learned magistrate erred in law and in fact in failing to apply abiding decision of the court of appeal and purporting to distinguish it while it was not distinguishable.…
Division and case type: CivilCivil Appeal
made under Order VI rule 13. Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Civil Case 6153 of 1992 Locus standi – rate payers – whether a rate payer has sufficient interest to challenge in court the action of a public body whose expenses he contributes – Judicial Review – public authorities – whether public authorities are accountable to a court of law for the lawfulness of their action The applicants are two Nairobi residents and rate payers. They have instituted the present action against the 1st re
Division and case type: CivilCivil Appeal
made under Order VI rule 13. Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.
Division and case type: CivilCivil Suit
…In addition no appeal having been filed, I hereby grant the application filed herein on 24/8/93. Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…
…OWUOR JUDGE OF APPEAL…
Division and case type: CivilMiscellaneous Application
…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…
…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
…JUDGE OF APPEAL SITTING AS JUDGE OF THE HIGH COURT…
Division and case type: CivilMiscellaneous Application
…Appeal to court (1) Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the Environment and Land Court…
…in civil matters from subordinate courts to the Environment and Land Court shall govern appeals under this Act: Provided that the decision of the Environment and Land Court on any appeal under this Act shall be nal and…
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: CivilCivil Case
…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…
…One would have expected the applicant to show that an alternative parcel of land will not be suitable for the same business in the event the appeal succeeds. No figures have been given and one is left to speculate.…
Division and case type: CivilCivil Suit
…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.…
…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…
Division and case type: CivilCivil Case
…....PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree pending appeal…
…It seeks the main order for stay of the above–mentioned condition of deposit of the decretal sum pending appeal against the same, and in the alternative, an order that the Judgment-Debtor do furnish a bank guarantee instead…
Division and case type: CivilCivil Case
…discovery made according to the affidavit in support of the application, is that it had come to the attention of counsel for the applicant after the order of this court was made on 1.12.89, that the decision of the Court of Appeal…
…He cited among others the celebrated case of Virginia Edith Wambui Otieno v Joash Ochieng Ougo and Omolo Siranga, Court of Appeal at Nairobi Civil Appeal No 31 of 1987.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
…Rachi has now replied tothe formal application for leave to appeal and has opposed it.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
…Rachi has now replied tothe formal application for leave to appeal and has opposed it.…
Division and case type: CivilCivil Case
…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).…
…However, the applicant has an undoubted right of appeal. This is not the last court.…
Division and case type: CivilCivil Case
…Rakoro for Plaintiff opposes the application saying that while he was dismissed in 1990, he appealed in 1992 and appeal was dismissed in 1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of…
…It is obvious the dates are not agreed neither is it agreed whether the cause of action arose after the appeal or on communication of the decision of that appeal to the Plaintiff.…