Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…NO. 3840 OF 1987) *************** RULING This is an application under rule 4 of the Court of.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…
Division and case type: CivilCivil Appeal
…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
Division and case type: CivilCivil Appeal
…Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter…
…Mwangi Githu v Livingstone Ndeete & Others, Court of Appeal No 4 of 1979 Referred 2. Tayebali Alibahi v Abdulhussein Alibhai [1938] 5 EACA 1 Followed 3. Gathure v Beverly [1965] EA 514 Referred Statutes 1.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 134 of 1994 1. JOHN GITONGA KIHARA 2. MARY WANJIKU MBUGUA 3. OLONGIDA OLE NGILORITI 4.…
…LEADBITTER and emphatically reaffirmed by the Court of Appeal in THOMPSON V.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU (CORAM: GACHUHI ) CRIMINAL APPEAL NO 30 OF 1987 WILSON OMOLO NDENGA …………………APPELLANT V REPUBLIC……………………….………..RESPONDENT JUDGMENT June 9, 1987, Gachuhi JA delivered…
…One appeal to the High Court of appeal only one count was allowed but appeal on the other two counts were dismissed on July 24, 1986. During the hearing of appeal, the applicant was represented.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. AMOS ONDISO ORARO 2. MUSYOKI MUNYOKI 3. PHILLIP KIVINDUI 4. JAMES MUTHUI ............ .....................…
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….…
…This process is well explained in Cogland vs Cumberland (1898) 1 CH 704 as approved by the Court of Appeal for East Africa in Pandya vs R [1957] EA 336 at p 337.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller Hancox JJ A and Chesoni Ag J A) CRIMINAL APPEAL NO 37 OF 1984 BETWEEN GILBERT CHEGE ………………………………….. APPELLANT AND REPUBLIC ………………………………………….…
…of Appeal could find no evidence to support that submission.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT…
…Dealing with the question of the girl taking the oath it should be borne in mind that where there was an inquiry as to the understanding of a child witness of the nature and solemnity of an oath, the Court of Appeal in R…
Division and case type: CriminalCriminal Case
…IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT…
…Dealing with the question of the girl taking the oath it should be borne in mind that where there was an inquiry as to the understanding of a child witness of the nature and solemnity of an oath, the Court of Appeal in R…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI crim app 75 of 90 KARIUKI………………………APPELLANT V REPUBLIC………………..…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.…
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 51 of 1994 KITIPA OLE NKUKUU……………....................................……. …………………………….APPLICANT AND REPUBLIC……………............................... ……