Case law
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Division and case type: Environment and LandCivil Appeal
…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1161 OF 2000 (From Original Conviction and Sentence in Criminal Case No.986 of 2000 of the District Magistrate’s at Kigumo).…
…JOHN MAINA KAMAU......................................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1162 OF…
Division and case type: CRIMINAL DIVISIONCriminal 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: CRIMINAL DIVISIONCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Nyarangi, Platt & Apaloo JJA) CRIMINAL APPEAL NO. 159 OF 1984 BETWEEN 1. ALEXANDER NYACHIRO MARUBE 2.…
…Appeal No 121 of 1984.…
Division and case type: Environment and LandLand Case
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN 1. JOSEPH MBUGUA DEDAN GACHUMI 2.…
…and the filing of the record of appeal.…
Division and case type: Environment and LandLand Case
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & PALL, JJ.A.) CIVIL APPLICATION NO.…
…...................RESPONDENT (Application for an order of a temporary injunction to restrain the Respondent from retaking possession of the Kendu Bay Total Service Station the subject matter of the Applicant's intended Appeal…
Division and case type: Environment and LandCase number Environment and Land Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: Environment and LandLand Case
…At this stage we are only bound to inquire as to whether or not there is an arguable appeal and if so, would the success of the appeal be rendered nugatory if the order sought is not granted?…
…Costs of this application shall be in the intended appeal. Dated and delivered at Nairobi this 7th day of September, 1999. R.S.C. OMOLO ............ JUDGE OF APPEAL A.B. SHAH ............... JUDGE OF APPEAL E.…
Division and case type: CRIMINAL DIVISIONCriminal Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURST Criminal Appeal No 51 of 1986 Macharia …………………….APPELLANTS VERSUS Republic…………….……RESPONDENT JUDGMENT.…
…His appeal is against both conviction and sentence. The appellant did not wish to be present during the hearing of this appeal.…
Division and case type: CRIMINAL DIVISIONMiscellaneous Criminal Application
…REPUBLIC OF KENYA Waweru v Republic High Court, at Nairobi August 14, 1985 Schofield J Criminal Appeal No 1723, 1724 & 1725 of 1984 (Appeal from the Resident’s Magistrate’ Court at Nairobi, J A Mango, Esq) Advocates Appellants…
Division and case type: Environment and LandLand Case
…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…
…, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: Environment and LandLand Case
…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…
…, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: Environment and LandCase
…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…
…, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: Environment and LandCivil Suit
…The Court of Appeal has provided guidance on construction of that provision.…
…In the case of Sarah Hersi versus Kenya Commercial Bank civil Appeal No.…
Division and case type: Environment and LandMiscellaneous Application
…Anyona v Kenya Power and Lighting Co Ltd (Appeal E008 of 2022) [2022] KEET 855 (KLR) (Civ) (28 December 2022) (Judgment) Neutral citation: [2022] KEET 855 (KLR) REPUBLIC OF KENYA IN THE ENERGY & PETROLEUM TRIBUNAL CIVIL APPEAL…
…The Respondent relied on the cases of Bwire v Wayo & Sailoki (Civil Appeal 032 of 2021 and Wycliff Nyongesa v Etyang Imonyaro & AG (2004) eKLR to submit that on the account that the Claimant did not bring an eye witness, the…
Division and case type: Environment and LandPetition
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…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.…
Division and case type: Environment and LandLand Case
…He relied on the Court of Appeal decisions in Shimmers Plaza Limited v National Bank of Kenya Limited as well as Mutikika V Baharini Farm Limited to emphasize the need to obey court orders by all parties. 26.…
…In Shimmers Plaza Limited v National Bank of Kenya Limited, Civil Appeal 33 of 2012) [2015] KECA 945 (KLR) (Civ), the court of appeal emphasized that “[T]he duty to obey the law by all individuals and institutions is paramount…