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…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... …...APPELLANT AND MRS.…

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

…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…

…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…

…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…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 59 of 1994 CLIFF S. M.…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…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.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, AKIWUMI & TUNOI, JJ.A.) CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN .............................…

…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…

…Juma v Kenya Glassworks Ltd, Mombasa Civil Suit 598 of 1977 May 14, 1979 Kneller, J Increased by a majority of the Court of Appeal to Kshs 70,000.…

…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…

…Juma v Kenya Glassworks Ltd, Mombasa Civil Suit 598 of 1977 May 14, 1979 Kneller, J Increased by a majority of the Court of Appeal to Kshs 70,000.…

…(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 NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG.......................…

…But since all the members of the Court of Appeal were unanimous that as the injury was unintentional and that the only cause of action that existed was therefore in negligence, I do not find this case of great assistance…

…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 MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield…

…Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of…