Case law
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Division and case type: CivilCivil Appeal
…We therefore have to consider whether the words “pending suit” are wide enough to cover a pending appeal. For this purpose we have to decide whether this appeal is a suit, because appeals are provided for by statute.…
…Secondly I think that according to ordinary conceptions an appeal is something different from the cause from which the appeal sprang.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO.92 OF 1983 BETWEEN JITENDRA BRAHMBHATT...........................................APPELLANT AND DYNAMICS ENGINEERING LTD.............…
…He accordingly asked us to dismiss the appeal with costs.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO.…
…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL…
…Accordingly, the appeal is dismissed with costs to the respondent. Dated and delivered at Kisumu this 11th day of May , 1988 H.G PLATT .............................…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
…JUDGE OF APPEAL SITTING AS JUDGE OF THE HIGH COURT…
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…
…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…
Division and case type: CivilCivil Appeal
…I have no doubt that this appeal is not maintainable.…
…President Moi was subsequently granted leave by the High Court, to appeal to this Court which culminated in Civil Appeal No 176 of 1993.…
Division and case type: CivilCivil Appeal
…He has not appealed against that decision.…
…The memorandum of appeal contains 13 grounds of appeal.…
Division and case type: CivilCivil Case
…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…
…that there are grounds of appeal which merit serious judicial consideration but where the order from which it is sought to appeal was made in exercise of a judicial discretion, a rather stronger case will have to be made…