Case law
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Division and case type: CivilCivil Suit
…In addition no appeal having been filed, I hereby grant the application filed herein on 24/8/93. Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…
…OWUOR JUDGE OF APPEAL…
Division and case type: CivilCivil Appeal
………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…
…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…
Division and case type: CivilCivil Suit
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Law, J.A. Kneller and Hancos, Ag, JJ.A.) CIVIL APPEAL NO. 8 OF 1983 BETWEEN BUNDI MAKUBE an infant suing By his next friend THOMAS BUNDI………..…
…The plaintiff now appeals to this court against that dismissal.…
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 Suit
…The appeal record does not have any affidavit in reply from Rucathi to any of this.…
…In our judgment he was right to dismiss the application and this appeal should also be dismissed. We make no order for the costs of the appeal. Delivered at Nairobi this 17th day of November, 1983. C B MADAN ………………………….…
Division and case type: CivilCivil Suit
…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…
…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 335 OF 1997 N W...........................................................APPLICANT versus M M......................................................…
…The appellant was aggrieved by that decision hence this appeal.…
Division and case type: CivilCivil Case
…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…
…One would have expected the applicant to show that an alternative parcel of land will not be suitable for the same business in the event the appeal succeeds. No figures have been given and one is left to speculate.…
Division and case type: CivilCivil Appeal
…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…
…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…
Division and case type: CivilCivil Case
…In upholding this nding on appeal Hon.…
…The Court of Appeal in the case of Jacob Ayiga Maruja & another Vs. Simeon Obayo [2005] eKLR awarded the plainti Kshs. 60,000/-.…
Division and case type: CivilCivil Suit
…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.…
…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…
Division and case type: CivilCivil Appeal
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: CivilCivil Appeal
…in civil appeal No 80 of 1987.…
…Variation or precision cannot include the words “Stay pending appeal”. An appeal generally seeks to set aside the orders of the Tribunal or court below.…
Division and case type: CivilCivil Appeal
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: CivilCivil Appeal
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: CivilCivil Appeal
…The appellants were not happy with this assessment and he lodged the appeal against the same.…
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
Division and case type: CivilCivil Appeal
…A summary of the facts in the two cases will make the issues raised in this appeal clear.…
…This appeal is against the ruling allowing those applications. The Appellant has listed 10 long grounds of appeal which raise three main issues.…
Division and case type: CivilCivil Appeal
…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…
…the appeal being listed before a Judge in Chambers to give directions.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL APPEAL NO 72 OF 1994 FRANCIS M.…
…The learned Chief Magistrate patiently listened to these wrangles in his Court and on 11th August, 1994 handed down his judgment from which this appeal now lies.…
Division and case type: CivilCivil Appeal
…The respondent appealed to the Senior Resident Magistrate's court. The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr.…
…Appeals and yet other appeals arose from a point of technicality and applications upon applications for review started.…