Case law
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Division and case type: CivilCivil Appeal
…the appeal.…
…It was all the more wrong to dismiss the appeal summarily as the appeal to the High Court was a final appeal.” That appeal was not actually upon the question of summary dismissal.…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…the appeal.…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…
Division and case type: CivilCase number Civil Application
…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…
…Of course if the appeal has absolutely no chance of success no doubt that would be a factor to be borne in mind. Here, there is an arguable appeal.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: CivilCase number Civil Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
…he was to lodge his intended appeal.…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
…he was to lodge his intended appeal.…
Division and case type: GeneralUnclassified
…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…
…The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & LAKHA, JJ.A.)…
…An Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice J.M.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..…
…APPEALS NOS 417, 498, 496 & 499 OF 1989) ******************************** JUDGMENT OF THE COURT As the appellant had pleaded guilty at his trial he had a right of appeal against sentence to the High Court which he duly exercised…
Division and case type: CivilCase number Civil Application
…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…
…74(6) of the Rules of this Court with the result that there was no notice of appeal in that appeal rendering the same incompetent.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Nyarangi, Cockar JJ.A & Omolo Ag. J.A.)…
…His appeal to the High Court was dismissed. The only point of law for consideration in this second appeal is that of identification.…
Division and case type: CivilCivil Appeal
…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…
…on the grounds that Ang'awa, J. declined to grant leave to appeal on 26th August, 1996 and that there is no express provision under the Law of Succession Act allowing an automatic right of appeal from ruling or order of the…
Division and case type: CivilCase number Civil Application
…the Court of Appeal Rules and into the question of whether or not the time for lodging a notice of appeal under rule 74(2) (ibid) should be extended.…
…It is in the rules, and in effect, a reference is just another application and the Deputy Registrar is the taxing officer for it as for an ‘appeal’ or an ‘application’.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 223 of 1995 CORPORATE INSURANCE CO.…
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
…His first appeal to the superior court against both conviction and sentence was dismissed.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…
…His first appeal to the superior court against both conviction and sentence was dismissed.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 5 of 1992 FRANCIS NGIGI GATHUGU ………………………….. APPELLANT AND REPUBLIC …………………………………………….…
…Accordingly, the appellant’s appeal is without any merit and the same is dismissed. It is so ordered. Dated and delivered at Nairobi this 17th day of September, 1992. J.M. GACHUHI JUDGE OF APPEAL J.E.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 284 OF 1998 HON.…
…, the said appeal is now hereby marked as withdrawn with no order as to costs.…