Case law
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Division and case type: CivilCivil Appeal
…the appeal.…
…It was all the more wrong to dismiss the appeal summarily as the appeal to the High Court was a final appeal.” That appeal was not actually upon the question of summary dismissal.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.)…
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT…
…The appeal is therefore dismissed with each party bearing his costs. Apaloo JA. The only question of substance raised in this appeal, involves figures and is a pure question of arithmetic.…
Division and case type: CivilCivil Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…The respondent cross appealed and set out ve grounds of appeal but the rst four grounds were abandoned leaving the issue of quantum only for arguments before this Court. 2.…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO 122 OF 1986 SHADRACK ARAP BAIYWO ………………………… APPELLANT VERSUS BODI BACH ………………………………….........…..RESPONDENT (Appeal from the High Court…
…The judge dismissed the application and the appellant appeals against that dismissal.…
Division and case type: CivilCivil Suit
…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram:platt, Apaloo JJA &Masime Ag JA) CIVIL APPEAL NO 50 OF 1986 BETWEEN ACHACHA NYACHIENGA.................................APPELLANT AND OGOWE S/O OLIECH................................…
…The defendant who has appealed against the order of eviction, has never appealed against the source of the order.…
Division and case type: CivilCase number Civil Application
…He did not know that no appeal had been preferred on his behalf till he appeared before Court on 24th March, 1998 for the purpose of having the appeal heard.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A.…
…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller, Hancox & Nyarangi, JJ.A.) CIVIL APPEAL NO. 93 OF 1985 BETWEEN 1. JOHN ONYANGO 2. JAVAN O.…
…I would dismiss the appeal with costs. Kneller JA. I agree. And as Hancox JA does, too, the order of the Court is that the appeal is dismissed with costs. Hancox JA.…
Division and case type: CivilCivil Appeal
…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…
…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2. KEVINA OCHIENO OYALO 3. XAVIOUR OCHIENO OYALO 4.…
…I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.…
Division and case type: CivilCivil Appeal
…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…
…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…
Division and case type: CivilCivil Appeal
…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
…Against the entire decision of the superior court, the appellant appeals to this court and has put forward 17 grounds of appeal.…
Division and case type: CivilCivil Appeal
…This is an appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega. 2.…
…The appellant’s appeal against that ruling was similarly heard and dismissed by the High Court hence this second appeal. 20.…
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 Appeal
…To that extent only would I allow the appeal as regards liability.…
…There was no appeal from these matters.…
Division and case type: CivilCivil Suit
…Megarry, J granted the intended injunction pending appeal which the applicant sought on the principle that: “when a party is appealing, exercising his undoubted right of appeal, the court ought to see that the appeal if successful…
…Trust Ltd v Ducane Court Ltd, [1962] 3 All ER 466 even though the action in the High Court had wholly failed and the appeal was to the Court of Appeal from it.…