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…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 94 OF 1984 MWANGI CHEGE ……………………………………..APPELLANT (Original Accused I) v e r s u s REPUBLIC ……………………………………………..REPSONDENT CONSLOLIDATED…

…I quote a short passage from pages 165 and 166: “In Mutemba s/o Rutehende v R [1953] 20 E A C A 276, the Court of Appeal for East Africa ruled that, a petition of appeal should bear an intelligent relation to the facts as…

…The manner in which a plea of guilty should be recorded and the steps that should be followed,was laid down by the former East African Court of Appeal in Adan V R (1973) E A 445.…

…Having considered the lower court’s record, it is clear that the learned magistrate followed the correct procedure as laid down in Adan’s case, (supra) as later approved by the Court of Appeal in Michael Mbaria Kariuki v…

…CONVENTRY CITY COUNCIL [1997] WLR 1666, a persuasive authority, the Court of Appeal of England ruled on a similar case. In the case, the Defendant supplied particulars requested for by the Plaintiff.…

…The Court of Appeal held: “(2).…

…The learned counsel for the petitioner cited Karanja -vMagugu where the Court of Appeal is said to have held that Civil Procedure Rules apply.…

…I have not had the advantage to read the judgment of the Court of Appeal in the appeal that arose from Election petition No.20 of 1979 as none was presented.…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…

…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…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…

…The Court of Appeal found that such a large quantity of methylated spirit, accompanied by other circumstances was sufficient to justify the sentence appealed against.…

…In Shiani v Rep [1972] EA 557 it was held by the Court of Appeal that it was not for the prosecutor to tell the court of his views as to the seriousness of the offence.…

…However, the Court of Appeal in C.A NO. 82 of 1998 Daima Bank & Others -vs_ K.H.…

…In the case of Mattaka v Republic (1971) EA 495 the Court of Appeal held that refusal to allow crossexamination of the co-accused will ordinarily result in the quashing of the conviction where the trial court has relied on…

…The law on this is in Hortensiah Wanjiku Yawe v The Public Trustee Court of Appeal Civil Appeal 13 of 1976 Nairobi August 6 1976 in which the former Court of Appeal for East Africa (Wambuzi P, Mustafa VP and Musoke JA) held…

…When Mr Kiambo had cited these formidable authorities, Mr Mututo submitted that the question :- “Was the decision of the former Court of Appeal for East Africa in Hortensiah Wanjiku Yawe v The Public Trustee unconstitutional…

…Clearly the learned Chief Magistrate demonstrated that he was in such a hurry that he did not bother to comply with the procedure laid down by the lower court of appeal for Eastern province in the case of Adan –vR [1973]…

…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…

…OSMOND (Court of Appeal Civil Case No. 82 of 1998) and submitted that this was not a proper case to be determined on affidavit evidence.…

…In that case, the Court of Appeal for East Africa observed that – “The conditions for the grant of an interlocutory injunction are well settled in East Africa.…

…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…

…Relying on the majority decision of the Court of Appeal in its Criminal Appeal No 185/75, Mark Mwithaga v Republic, Mr Sampson submits that no “malice” had been established since the appellant’s act in trying to see those…