Case law
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Division and case type: CivilCivil Appeal
…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…
…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A) CIVIL APPEAL NO. 59 OF 1991 BETWEEN B.R.…
…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi,Cockar & Omolo JJ A ) CIVIL APPEAL NO. 55 OF 1986 BETWEEN NGORORO...............................................................................APPELLANT AND NDUTHA & ANOTHER…
…No appeal was ever filed against that ruling and as far as this Court is concerned the ruling is binding because this appeal is not against that ruling of Masime, J.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.)…
…The first ground of appeal therefore fails.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Civil Appeal 66 or 1995 CLEMENT J. MACHARIA ……………………..................................... …………………..APPELLANT AND K. G. G. C. U.…
…In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K. TUNOI ……………………….. JUDGE OF APPEAL A.B. SHAH ………………………….…
Division and case type: CivilCivil Appeal
…We therefore have to consider whether the words “pending suit” are wide enough to cover a pending appeal. For this purpose we have to decide whether this appeal is a suit, because appeals are provided for by statute.…
…Secondly I think that according to ordinary conceptions an appeal is something different from the cause from which the appeal sprang.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO.92 OF 1983 BETWEEN JITENDRA BRAHMBHATT...........................................APPELLANT AND DYNAMICS ENGINEERING LTD.............…
…He accordingly asked us to dismiss the appeal with costs.…
Division and case type: CivilCivil Appeal
…Jane Mbeyu & Another, Civil Appeal No. 145 of 1990, unreported.…
…The Appellant has succeeded almost wholly in this appeal. He will therefore have 80% of the costs of the appeal. Miss Waweru sought orders from us for the refund of moneys paid by her clients should the appeal succeed.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, AKIWUMI & SHAH, JJ.A.)…
….RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Nairobi (Mr.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO.…
…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B.…
…a certified copy of the orders appealed against having been included in the record of appeal.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.)…
…Justice Pall given at Nairobi on the 12th day of 1997 intends to appeal to the Court of Appeal against the whole of the said Ruling.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL…
…Accordingly, the appeal is dismissed with costs to the respondent. Dated and delivered at Kisumu this 11th day of May , 1988 H.G PLATT .............................…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
…JUDGE OF APPEAL SITTING AS JUDGE OF THE HIGH COURT…
Division and case type: CivilCivil Case
………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…
…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…
Division and case type: CivilCivil Appeal
…I have no doubt that this appeal is not maintainable.…
…President Moi was subsequently granted leave by the High Court, to appeal to this Court which culminated in Civil Appeal No 176 of 1993.…
Division and case type: CivilCivil Appeal
…He has not appealed against that decision.…
…The memorandum of appeal contains 13 grounds of appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, SHAH & PALL, JJ.A.)…
…CIVIL APPEAL NO. 75 OF 1997 BETWEEN KENYA CEMENT MARKETING LIMITED............................................APPELLANT AND JAMES G.K.…
Division and case type: CivilCivil Case
…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…
…that there are grounds of appeal which merit serious judicial consideration but where the order from which it is sought to appeal was made in exercise of a judicial discretion, a rather stronger case will have to be made…