Case law
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Division and case type: CriminalCriminal Appeal
…Republic of Kenya Court of Appeal, at Nairobi Potter, Kneller & Hancox JJA Criminal Appeal No 61 of 1981 Imbindi v Republic Appeal - second appeal -matters dealt with on a second appeal - matters to which grounds of appeal…
…on second appeal should be restricted -issues of lawseverity of sentence-whether such an issue that court may consider on second appeal.…
Division and case type: CivilCase number Civil Application
…Mills Court of Appeal, at Nairobi July 30, 1986 Platt Ag JA Civil Application No NAI 109 of 1986 July 30, 1986, Platt Ag JA ORDER This is an application for security, first of all for the decretal sum of shs 148,904.60, and secondly…
…But I should consider that in relation to the second and last factor, whether that would impede the appeal. Murithi took instructions specifically on this point before he made his offer.…
Division and case type: CivilCivil Case
…That application sought an order that the name of the second defendant be struck out and the suit against the second defendant be dismissed with costs on the ground that the second defendant is immune from the jurisdiction…
…The dispute is not between the first defendant and the second defendant but between the second defendant and third parties.…
Division and case type: CriminalCriminal Appeal
…He then fired a second shot at him. Thus, as Mr.…
…In the second oral statement to C/I Kuria on May 14, the second appellant named Choge as being present when Tenai was shot.…
Division and case type: CivilCivil Case
…Judgment entered against the second defendant on 28th March, 1984 is set aside. All execution proceedings against the second are also set aside.…
…The second defendant will file her appearance and defence, both, within the next 15 days.…
Division and case type: CivilCivil Case
…Ringera (as he then was) who has since left the judiciary on secondment to the Attorney-General chambers. He had heard the evidence of the Plaintiff and his doctor.…
Division and case type: CivilCase number Civil Application
…KENYA IN THE COURT OF APPEAL AT NAIROBI civ app 249 of 97 ZEBRON NGUKU MOTE...................................APPELLANT V EPHANTUS MOTE WAKARIA.................................RESPONDENT JUDGMENT OF THE COURT This is a second…
Division and case type: CivilCivil Suit
…APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second…
…In those circumstances, it is not necessary, and not right, for me to deal with the second part of the application to institute the appeal out of time, which as Mr Lakha says, is now a matter of discretion, rather than the…
Division and case type: CivilCivil Case
…APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second…
…In those circumstances, it is not necessary, and not right, for me to deal with the second part of the application to institute the appeal out of time, which as Mr Lakha says, is now a matter of discretion, rather than the…
Division and case type: CivilCivil Appeal
…The rst plainti planted cane valued at Kshs 871.30 and the second plainti’s cane was worth Ksh 9,079.85.…
…Service on an agent is essentially second hand; second best. Service of process is so crucial a matter in litigation that courts including Deputy Registrars must encourage the best of service; i.e personal service.…
Division and case type: CivilCivil Appeal
…NO. 114 OF 1992) ************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages…
Division and case type: CriminalCriminal Appeal
…..............RESPONDENT (Appeal from a judgment of the High Court at Nyeri, Juma & Mulwa JJ dated June 6, 2000 in High Court Criminal Appeal No 250 of 1998) ***************************** JUDGMENT OF THE COURT This is a second…
…When the appeal came on for hearing, Bundi the second appellant in that court withdrew his appeal when he was warned that in the event his appeal against conviction was unsuccessful the sentence of imprisonment could be set…
Division and case type: CivilCivil Case
…This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus…
…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…
Division and case type: CivilCivil Case
…This is an application by way of chamber summons for an order to restrain the second respondent South Nyanza Company Limited from realizing the proceeds of some 56.77 tones of sugar cane delivered by the 1st respondent Silvanus…
…In the result I order that the second respondent South Nyanza Sugar Company should not release the proceeds of the cane until the hearing and determination of the suit, I order that the costs of both the second respondent…
Division and case type: CivilCivil Suit
…Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second…
…Ajit, the second appellant, died in London on October 24, 1983.…
Division and case type: CivilCivil Appeal
…Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second…
…Ajit, the second appellant, died in London on October 24, 1983.…
Division and case type: CriminalCriminal Appeal
…The appellant Peter Maina Macharia was convicted of theft contrary to section 275 of the Penal Code, by a second class district magistrate, at Makadara, Nairobi, particulars being that on October 31, 1985 at Mbotela Estate…
Division and case type: CriminalCriminal Appeal
…The appellant on this second appeal was convicted by the resident magistrate Nyahururu, of the offence of defilement contrary to section 145(1) Penal Code and sentenced to five years imprisonment and seven strokes corporal…