Case law
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Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…the appeal.…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…
Division and case type: CivilCase number Civil Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
…he was to lodge his intended appeal.…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
…he was to lodge his intended appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & LAKHA, JJ.A.)…
…An Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice J.M.…
Division and case type: CivilCase number Civil Application
…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…
…74(6) of the Rules of this Court with the result that there was no notice of appeal in that appeal rendering the same incompetent.…
Division and case type: CivilCase number Civil Application
…the Court of Appeal Rules and into the question of whether or not the time for lodging a notice of appeal under rule 74(2) (ibid) should be extended.…
…It is in the rules, and in effect, a reference is just another application and the Deputy Registrar is the taxing officer for it as for an ‘appeal’ or an ‘application’.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 223 of 1995 CORPORATE INSURANCE CO.…
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
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.…
…the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 284 OF 1998 HON.…
…, the said appeal is now hereby marked as withdrawn with no order as to costs.…
Division and case type: CivilCivil Suit
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 52 & 53 OF 1982 BETWEEN GURBAKSH SINGH & SONS LTD.........................................................................…
…He was incapable of managing and administering his own property and affairs when the suit was filed on August 8, 1982 and when the appeal was filed on September 29, 1982 so that he sued and appealed by his next friend, Charanjit…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME JJ A & COCKAR Ag JA) CIVIL APPEAL NO 47 OF 1989 GITHU………….......………….…..…
…I agree that this appeal must be allowed with costs.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…
…........................RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Dugdale J) dated 21st February, 1994 IN H.C.C.C.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 79 of 1997 BEATRICE WANJIRU KIMANI .......................................................................................…
…Judges of a Appeal, and considered the general conduct of the matter before the Court. To some degree, the appeal raised some complex issues to be decided by the Court.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.)…
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A) CIVIL APPLICATION NO.…
…To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH ……………………..........................…….……………… APPELLANT AND AGIP…
…A A Kneller Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH …………………………..............……………… APPELLANT…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…I would therefore dismiss the appeal with costs. Chesoni Ag JA. The facts of this appeal have been stated in detail by Platt JA and Hancox JA has in a nutshell pointed out the issue.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…