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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.....................................…

…Court of Appeal in the case of Hintz v Mwakima, (1982-88) 1 KAR 482, had held that a personal representative as opposed to a legal representative, could sue in Kenya for damages for the benefit of the estate of a deceased…

…the Court of Appeal, cannot sue on behalf of the estate of the deceased without first having obtained letters of administration.…

…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 COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME & COCKAR JJ A) CIVIL APPEAL NO 111 OF 1990 PAUL JOSEPH NGEI …………………...…… APPELLANT VERSUS OFFICIAL RECEIVER……………..….…….…

…of section 3 of the Appellate Jurisdiction Act, cap 9 which provides that: “For all purposes of and incidental to the hearing and determination of any appeal in the exercise of the jurisdiction conferred by this Act, the Court…

…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.…

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

…The debtor appealed to the court of appeal in civil appeal No.111 of 1990 (hereinafter called the Appeal) against the said order of 14th June, 1990 but on 20th November, 1990 the court of appeal dismissed the appeal and upheld…

…The courts of appeal have already held in the appeal that the debtor failed to submit a statement of affairs. See p.18 of the typed judgment of the appeal.…

…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.…

…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.…

…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…

…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…

…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.…