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…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…In the case of Lakeland Motors Limited v Harbhajan Singh Sembi , (Court of Appeal, Civil Application No 24 of 1998) the Court of Appeal stated:- “There does not appear to be any provision in the Auctioneers Rules 1997 for…

…I would adopt those words of the Court of Appeal in this matter. The Auctioneers Rules were not made in vain. They are supposed to be obeyed.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The Plaintiff’s have already lodged an appeal in the Court of Appeal against Kasango J’s ruling on grounds the learned Judge delved into the merits of the entire suit. Mr.…

…CONVENTRY CITY COUNCIL [1997] WLR 1666, a persuasive authority, the Court of Appeal of England ruled on a similar case. In the case, the Defendant supplied particulars requested for by the Plaintiff.…

…The Court of Appeal held: “(2).…

…The learned counsel for the petitioner cited Karanja -vMagugu where the Court of Appeal is said to have held that Civil Procedure Rules apply.…

…I have not had the advantage to read the judgment of the Court of Appeal in the appeal that arose from Election petition No.20 of 1979 as none was presented.…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…However, the Court of Appeal in C.A NO. 82 of 1998 Daima Bank & Others -vs_ K.H.…

…In the case of Mattaka v Republic (1971) EA 495 the Court of Appeal held that refusal to allow crossexamination of the co-accused will ordinarily result in the quashing of the conviction where the trial court has relied on…

…The law on this is in Hortensiah Wanjiku Yawe v The Public Trustee Court of Appeal Civil Appeal 13 of 1976 Nairobi August 6 1976 in which the former Court of Appeal for East Africa (Wambuzi P, Mustafa VP and Musoke JA) held…

…When Mr Kiambo had cited these formidable authorities, Mr Mututo submitted that the question :- “Was the decision of the former Court of Appeal for East Africa in Hortensiah Wanjiku Yawe v The Public Trustee unconstitutional…

…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…

…OSMOND (Court of Appeal Civil Case No. 82 of 1998) and submitted that this was not a proper case to be determined on affidavit evidence.…

…In that case, the Court of Appeal for East Africa observed that – “The conditions for the grant of an interlocutory injunction are well settled in East Africa.…

…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…

…I have read through these various decisions and looked at the injuries suffered and the awards made in Washington Malebe v Karangu, HCC 1574 and its enhancement in the Court of Appeal Mativo Mutunga v Mbaka, August 1982,…

…Opaka v Akamba Public Road Services, Shabani v Nairobi March 1985, Mariga v Musila, Court of Appeal, May 1984, Gakere v Ngigi, Court of Appeal January 1981 and a few others.…

…The phrase “same transaction” was considered by the former Court of Appeal in Rex v Saidi Nsabuga s/o Juma and another (1941) 8 EACA 81 and explained again by the same court in Nathani v R (1965 EA 777).…

…In Atito v R (1975) e A 278 at page 281 the court of Appeal held:- “What has caused us concern in this case is whether it was established, having regard to the standard of proof in criminal cases, that the appellant was guilty…

…The word “complainant” was considered by the Court of Appeal for East Africa in Martin Nguma and others v Republic (Criminal Appeals No 48 & 69 of 1976 – unreported.…

…Ondieki, one of the counsel for the 1st Respondent told the court that the other counsel for the 1st Respondent was before the Court of Appeal for the hearing of Civil Application no.…

…Kibe was before the Court of Appeal. They agreed to have the application heard on 16/6/2011 and it was heard then and continued on 21/06/2011 and Ruling was scheduled for 21/7/2011.…

…In Kampala Aerated Water Co v Kassam [1961] EA 291 (c) 301 the Court of appeal for Eastern Africa said: “Damages for loss of expectation of a happy life are never substantial” In Khimji & Others v Bakare and Others Harris…