Case law
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Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 79 of 1997 BEATRICE WANJIRU KIMANI .......................................................................................…
…Judges of a Appeal, and considered the general conduct of the matter before the Court. To some degree, the appeal raised some complex issues to be decided by the Court.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT…
…The appeal is therefore dismissed with each party bearing his costs. Apaloo JA. The only question of substance raised in this appeal, involves figures and is a pure question of arithmetic.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.)…
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A) CIVIL APPLICATION NO.…
…To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH ……………………..........................…….……………… APPELLANT AND AGIP…
…A A Kneller Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH …………………………..............……………… APPELLANT…
Division and case type: GeneralUnclassified
…APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT (An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon.…
…NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…I would therefore dismiss the appeal with costs. Chesoni Ag JA. The facts of this appeal have been stated in detail by Platt JA and Hancox JA has in a nutshell pointed out the issue.…
Division and case type: CivilCivil Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…The respondent cross appealed and set out ve grounds of appeal but the rst four grounds were abandoned leaving the issue of quantum only for arguments before this Court. 2.…
Division and case type: GeneralUnclassified
…This is a second appeal and concerns land.…
…This appeal is dismissed with costs. Dated and delivered at Nairobi this 25th day of May, 1998. R.S.C. OMOLO ................ JUDGE OF APPEAL A. B. SHAH ................. JUDGE OF APPEAL S.E.O. BOSIRE .................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 171 OF 1994 JOSEPH MUCHINA KAMAU……….………...………......…….APPELLANT AND NATIONAL HOUSING CORPORATION LIMITED…...........….RESPONDENT (Appeal from the Ruling and Order of the…
…This appeal is wholly without merit and must fail. It is ordered dismissed with costs. Dated and delivered at Nairobi this 12th day of November, 1996. R. S. C. OMOLO …………………….. JUDGE OF APPEAL P. K. TUNOI …………………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT JUDGMENT…
…We would make no order for costs of the appeal. The plaintiff is to blame for finding itself in its plight brought about by dilly-dallying in supplying the particulars.…
Division and case type: CivilCivil Case
…RESPONDENT R U L I N G The applicant's previous appeal was struck out for incompetence on the 7th March, 1997. The present application was filed on the 14th March, 1997.…
…The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ……………....……....……...………. 1ST APPELLANT ZAKARIA KARANJA WAKAHIHIA…
…JM Gachuhi Ag Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ………..………………...………. 1ST APPELLANT…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I also agree that this appeal should be dismissed.…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…On 19th January, 1998 the applicant filed a Notice of Appeal consist only that portion of the said decision which ordered costs to be borne by them. No appeal followed.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985…
…The defendant has appealed.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Apaloo JJA & Kwach Ag JA) CIVIL APPEAL NO 153 OF 1987 WANJIRU MUTANDUKI..........................APPELLANT VERSUS GATUI....................................................…
…Wanjiru Mutanduki, the appellant in this appeal is the registered proprietor of the parcel of land known as No Kiambu/Kanunga/661.…
Division and case type: CivilCivil Appeal
…There must be an end of this appeal.…
…It follows that this appeal fails and ought to be dismissed with costs. Platt JA. I agree entirely. I will only refer to the appeal on damages.…