Case law
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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: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OWUOR, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….…
…This process is well explained in Cogland vs Cumberland (1898) 1 CH 704 as approved by the Court of Appeal for East Africa in Pandya vs R [1957] EA 336 at p 337.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 130 OF 1986 RICHARD SAIDI ………………..…….APPELLANT V SEMBI MOTORS…………….…
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.…
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…
…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL NO 108 OF 1985 SIMON ODINGA……………………………………APPELLANT V CHARLES SANDE….………………….………..RESPONDENT JUDGMENT In 1979 Simon Odinga entered into an agreement…
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…
…But the Court of Appeal refused to accept that submission. The situation was, it seems, that the appellant had been granted the privilege of staying for a limited period in England.…
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................................…
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 House of Lord’s decision has nourished the views in succeeding decades of English lawyers up to modern times, so that May, LJ was still to find the source of the role of the Court of Appeal in the opinion of Lord Wright…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.)…
Division and case type: CivilCivil Appeal
…Later, Ainea Fita, his relative, sued him up to the African Court of Appeal Land Case Number 336/57 and the Land was shared between them.…
…How Ainea Fita became possessed of the land cannot be discussed now in the light of the decision of African Court of Appeal. The rst respondent did not hold the land in trust for the second respondent.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO. 2 OF 1986 BETWEEN MOHAMED MAHMOUD JABANE............................................................APPELLANT AND HIGHSTONE BUTTY TONGOI…
…More specifically Mr Dhanji referred us to Mute v Elikana [1975 EA 201, in which the Court of Appeal for East Africa held that where particulars of negligence are pleaded it s incumbent on the trial court to make its own…
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…
Division and case type: CivilMiscellaneous Application
…The application should be made to the appeal court.” The reasoning of the learned judge was, with respect, incorrect.…
…It is unnecessary for him to apply to the Court of Appeal for it. There is no inconsistency in doing so.…
Division and case type: CivilCivil Suit
…The application should be made to the appeal court.” The reasoning of the learned judge was, with respect, incorrect.…
…It is unnecessary for him to apply to the Court of Appeal for it. There is no inconsistency in doing so.…
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.…
Division and case type: CivilCivil Appeal
…Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50 (KLR) REPUBLIC OF KENYA IN THE COURT…
…OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High…
…Adverse possession does not start until the date of possession with permission (which usually follows a sale of land) expires Civil Appeal No 10/1982 Wambugu vs Kamau Njuguna reported in decisions of the Court of Appeal for…
Division and case type: CivilMiscellaneous Application
…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 .................…
…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…