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…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…

…IN THE COURT OF APPEAL AT MOMBASA ( Coram: Gachuhi, Muli & Tunoi JJ A ) CIVIL APPEAL NO. 5 OF 1993 BETWEEN VICTORIA DE MEO..............................................................APPELLANT AND 1. ABDULLAHI H.…

…Kneller JA, as he then was, at p 730 said - “The principles to be observed by the appellate court in deciding whether it is justified in disturbing the quantum of damages awarded by a trial judge were held by the former Court…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…

…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…

…(l)(ee) of the Civil ProcedureRules and not 0.42 r.2 as cited on the motion, both only saythat appeal lies to the Court of Appeal as of right from adecision of the High Court on order given under prerogativeorders.…

…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…

…IN THE COURT OF APPEAL AT MOMBASA (Coram: Platt, Gachuhi JJA &Masime Ag JA) CIVIL APPLICATION NO NAI 143 OF 1987 BETWEEN LYDIA WANJIRU MWANGI........................................APPELLANT AND RAJNIKANT JOSHI...........…

…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…

…IN THE COURT OF APPEAL AT MOMBASA (Coram: Gachuhi, Nyarangi & Gicheru JJ A) CIVIL APPEAL NO 16 OF 1989 MAKALA MAILU MUMENDE ........................................PLAINTIFF VERSUS NYALI GOLF & COUNTRY CLUB...............…

…REPUBLIC OF KENYA Farrah v Kenya Ports Authority Court of Appeal, at Mombasa ` March 16, 1992 Hancox CJ, Gachuhi, Cockar JJ A Civil Appeal No. 138 of 1991 March 16, 1992, Hancox CJ, delivered the following Judgment.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: NYARANGI, GACHUHI & MASIME JJ A) CIVIL APPEAL NO 59 OF 1986 JIWA……………………………..………..…

…IN THE COURT OF APPEAL AT MOMBASA (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPEAL NO 91 OF 1987 Between NANDWA....................................................................PLAINTIFF AND KENYA KAZI LTD.......…

…IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: PLATT, APALOO JJA & MASIME Ag JA) CIVIL APPEAL NO 67 OF 1985 SECURICOR (KENYA) LIMITED…….......…………………….APPLICANT VERSUS EA DRAPERS LIMITED …………………….……….....1ST DEFENDANT COMBINED…

…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, KWACH & OMOLO JJ A ) CIVIL APPEAL NO 159 OF 1994 BETWEEN CAR & GENERAL (K) LIMITED ...........................APPELLANT AND DIAMOND TRUST OF KENYA LIMITED ..............RESPONDENT…

…IN THE COURT OF APPEAL AT MOMBASA (Coram: Hancox, Nyarangi and Platt, JJ A) CIVIL APPEAL NO 49 OF 1984 BETWEEN ABDALLA HUSSEIN KILO………………………………….………..…

…he should not furnish security breached order 38 r 5 and was a nullity. ” - See Ndirangu v Abdallah CA 10/79 (UR) courts are normally slow to order the attachment of a defendant’s property before judgement because as the court…

…of Appeal stated in Kana Kanyoro v Francis Nderu and Others CA 142/87 “It is hardly consistent wi th justice to exact “punished” before the defendant’s liability to execution is established but also because in view of the…

…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…That criteria has been expressly approved by both the former court of appeal for Eastern Africa and the present Kenyan Court of Appeal (see for example NSUBUGA –vMUTAWE [1974] E.A. 487, ABEL SALIM & OTHERS –vsOKONGO & OTHERS…

…RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended appeal to the Kenya Court…

…of Appeal.…