Search court decisions

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OWUOR, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…

…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…

…This court should find itself bound by this decision of the Court of Appeal.…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…CONVENTRY CITY COUNCIL [1997] WLR 1666, a persuasive authority, the Court of Appeal of England ruled on a similar case. In the case, the Defendant supplied particulars requested for by the Plaintiff.…

…The Court of Appeal held: “(2).…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…The learned counsel for the petitioner cited Karanja -vMagugu where the Court of Appeal is said to have held that Civil Procedure Rules apply.…

…I have not had the advantage to read the judgment of the Court of Appeal in the appeal that arose from Election petition No.20 of 1979 as none was presented.…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…

…However, the Court of Appeal in C.A NO. 82 of 1998 Daima Bank & Others -vs_ K.H.…

…In the case of Mattaka v Republic (1971) EA 495 the Court of Appeal held that refusal to allow crossexamination of the co-accused will ordinarily result in the quashing of the conviction where the trial court has relied on…

…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…

…This position has been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held…

…That the Court of Appeal addressed that point in the Mwai Kibaki case and found that nothing turned on such as basis and that only Parliament had the mandate to address situations where a petitioner found it near impossible…

…While considering section 20 of the Act, the Court of Appeal went over several cases including its decision in Alicen J R Chelaite v David Manyara Njuki & 2 others CA No 150/98.…

…The law on this is in Hortensiah Wanjiku Yawe v The Public Trustee Court of Appeal Civil Appeal 13 of 1976 Nairobi August 6 1976 in which the former Court of Appeal for East Africa (Wambuzi P, Mustafa VP and Musoke JA) held…

…When Mr Kiambo had cited these formidable authorities, Mr Mututo submitted that the question :- “Was the decision of the former Court of Appeal for East Africa in Hortensiah Wanjiku Yawe v The Public Trustee unconstitutional…

…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…

…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…

…The said Justus Kalinga filed a further affidavit on 15th March, 1989 in which he has stated for the first time that the debtor had appealed against the said decree to the Court of Appeal and the said appeal is still pending…