Case law
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Division and case type: Anti-CorruptionCivil Appeal
…Ltd (formerly known as Manchester Outfitters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates [1993] eKLR Neutral citation: [1993] KECA 57 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL…
…Hence this appeal. Mr Kamau, for the appellants led some ten (10) grounds of appeal which he argued together. He advanced three proposition, namely: 1.…
Division and case type: Anti-CorruptionCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 50 OF 1983 BETWEEN NDOO T/A NGOMENI BUS SERVICE........................................APPELLANT AND KAKUZI LTD..........…
…The Court of Appeal (Swinfen-Eady MR, Duke LJ and Eve J) upheld him.…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: GeneralUnclassified
…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…
…The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
…His first appeal to the superior court against both conviction and sentence was dismissed.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 87 1999 (32/99 UR) BETWEEN THE REPUBLIC .......................................…
…in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion before us.…
Division and case type: GeneralUnclassified
…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…
…JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: GeneralUnclassified
…APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT (An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon.…
…NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.…
Division and case type: GeneralUnclassified
…This is a second appeal and concerns land.…
…This appeal is dismissed with costs. Dated and delivered at Nairobi this 25th day of May, 1998. R.S.C. OMOLO ................ JUDGE OF APPEAL A. B. SHAH ................. JUDGE OF APPEAL S.E.O. BOSIRE .................…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Tunoi, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: GeneralUnclassified
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
…We shall order that the appeal C.A. 252 of 1999 be heard on a priority basis. Delivered at Nairobi this 7th day of December, 1999. J. E. GICHERU ............... JUDGE OF APPEAL R. O. KWACH ...............…
Division and case type: GeneralUnclassified
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
…NO. 23 OF 1997) ********** RULING OF THE COURT The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds.…
Division and case type: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
…of this Court in favour of the respondent and granted him extension of time for lodging the Notice of Appeal and the record of appeal.…
Division and case type: GeneralUnclassified
…Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just.…
…In all the circumstances, I allow this application and extend time for filing the appeal by 14 days from today. The costs of this application will be the respondents' costs in the appeal in any event.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal…
Division and case type: GeneralUnclassified
…The failure to file the record of appeal in time is fully explained and the explanation is not really challenged.…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
Division and case type: GeneralUnclassified
…MUMIAS SUGAR COMPANY LTD .........................RESPONDENT (Being an application for extension of time to serve notice of appeal out of time in an intended appeal from the judgement of the High Court of Kenya at Nairobi…
…who was also a party in the judgment already appealled against.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…
…No.1113 of 2000) ****************** RULING OF THE COURT The Commissioner of Assize, whose orders are proposedto be challenged on appeal granted an order of stay on certain terms.…
Division and case type: GeneralUnclassified
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
…The reason why the Notice of Appeal was not filed within the prescribed time is stated by Mr. Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary.…