Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 153 OF 1996 BETWEEN DALMAS BEDDE OGOYE ..............................................…
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
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.…
…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 71 OF 1994 BETWEEN FREDRICK G.K. WAITHAKA .............................…
…Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just.…
Division and case type: CivilCivil Appeal
…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
Division and case type: CivilCivil Appeal
…Maweu v Kiu Ranching & Farming Cooperative Society Ltd Court of Appeal, at Nairobi September 4, 1985 Hancox, Nyarangi JJA & Platt Ag JA Civil Appeal No 2 of 1983 (Appeal from the ruling of the High Court at Nairobi, Porter…
…Mwangi Githu v Livingstone Ndeete & Others, Court of Appeal No 4 of 1979 Referred 2. Tayebali Alibahi v Abdulhussein Alibhai [1938] 5 EACA 1 Followed 3. Gathure v Beverly [1965] EA 514 Referred Statutes 1.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 134 of 1994 1. JOHN GITONGA KIHARA 2. MARY WANJIKU MBUGUA 3. OLONGIDA OLE NGILORITI 4.…
…LEADBITTER and emphatically reaffirmed by the Court of Appeal in THOMPSON V.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 32 of 1998 MUNGAI MUNA...........................................................................................................APPLICANT AND ESMAEL…
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 95 OF 1985 MICHAEL A O MASHERE ………........……….……..APPELLANT VERSUS ROTAS MAKOKHA WALUSALA…………..…….…
…This process is well explained in Cogland vs Cumberland (1898) 1 CH 704 as approved by the Court of Appeal for East Africa in Pandya vs R [1957] EA 336 at p 337.…
Division and case type: GeneralUnclassified
…IN THE COURT OF APPEAL AT NAIROBI CORAM: MULI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI 46 OF 1993 BETWEEN SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA .............................APPLICANT AND H. H.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Tunoi, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.…
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of 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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A.…
…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…
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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (BOSIRE AG. JA (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 89 OF 1997 BETWEEN WILSON ORITO OMUSINA ....................................APPLICANT AND 1.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPEAL 130 OF 1996 CALISTUS OCHIENO OYALO suing as next friend 1. SYLIVIA OCHIENO OYALO 2. KEVINA OCHIENO OYALO 3. XAVIOUR OCHIENO OYALO 4.…
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…
…Mr Azangalala handed to the court a letter he had written to the deputy registrar, of the Court of Appeal tabulating the figures of claim, costs, interest and payment in this appeal.In that letter he refers to certified costs…