Search court decisions

…I am aware of a Court of Appeal, Civil Appeal No. 42 of 1978 reported in the Nairobi Law Monhly magazine of November 1989 where names of the parties were not given and where the court of Appeal was saying in effect that overriding…

…IN THE COURT OF APPEAL AT NAKURU ( Coram: Cockar, Omolo & Tunoi JJ A ) CIVIL APPEAL NO. 185 OF 1991 BETWEEN OCTAGON PRIVATE INVESTIGATION SECURITY SERVICES.......................APPELLANT AND LION OF KENYA INSURANCE CO. .…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan , Kneller & Nyarangi JJA) CIVIL APPEAL NO 71 OF 1984 Between MARY NJOKI ................................................................APPELLANT AND JOHN KINYANJUI MUTHERU.…

…It was recognized and accepted by the former Court of Appeal in Hortensiah Wanjiku Yawe v Public Trustee in Civil Appeal No 13 of 1976, and by this court in Mbithi Mulu and Another v Mitwa Mutunga in Civil Application No…

…The approach to be adopted by the Court on an application for stay of execution is outlined in several decisions of the High Court and Court of Appeal including the cases of Reliance Bank Ltd v Nor Lake Investments Ltd {2002…

…This judgment was approved by the Court of Appeal in Mbogo v Shah [1968] EA 93 and in Shabir Din v Ram Parkash Anand (1955) 22 EACA 48 where Briggs JA as he then was said at page 51: “I consider that under order 9 rule 20…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, KWACH & SHAH, JJ.A. CIVIL APPEAL NO. 123 OF 1992 BETWEEN JULIUS WAINAINA MWATHI .............................…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: AKIWUMI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…

…This aspect was adequately addressed by the Court of Appeal in the case of Flora N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be…

…The contractor was also deemed to have entered into a contract similar to the one entered herein with the sub-contractor and when the representative of the employer in that case refused to approve a certificate, the Court…

…of Appeal decided that the subcontractor had a right to use the name of the main contractor in invoking the arbitration clause as the sub-contractor, called Crown would have suffered an injustice in the circumstances of…

…(see the decision of the Court of Appeal in Civil Appeal No.265 of 1997 DAVID MUGO t/a MANYATTA AUCTIONEERS -VSREPUBLIC (unreported) where all these principles of law were pronounced.…

…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…

…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…

…The Court of Appeal considered the sickness of the debtor but conned itself to the words of the statute “signed by him”.…

…My Lords, on 15th February, 1994, the Judgment of the Court was delivered under rule 32 (5) of the Court of Appeal Rules, allowing the appeal against the Election Court’s decision rejecting the appellant’s preliminary point…

…in law is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court…

…of Appeal Kisumu Civil Appeal No 122 of 1986.…

…In Tayab’s case the Court of Appeal reduced an award of Kshs 750,000 to Kshs 300,000.…

…in law is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court…

…of Appeal Kisumu Civil Appeal No 122 of 1986.…

…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…This jurisdiction is one which, as the Court of Appeal for East Africa observed in Giella vs Cassman Brown Ltd [1975] EA 358 must be exercised judicially and in accordance with the well known principles.…