Case law
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Division and case type: CivilCivil Appeal
…RESPONDENT (Appeal from the High Court at Kakamega, Gicheru J) JUDGEMENT The appellant has taken two points in this appeal; the first is that the first appeal to the High Court ought not to have been dismissed summarily;…
…appeal.…
Division and case type: CriminalCriminal Appeal
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…
Division and case type: CriminalCriminal Appeal
…On first appeal the charge was found to be defective in that the money was said to be to the account of the Bank. But the appellant had been in no doubt what charge he was facing, and no prejudice had been occasioned.…
…It was pointed out on first appeal and turned aside. It is because of this fundamental pack of clarity that the whole case founders, as will now be seen. Gitonga had large tracts of land.…
Division and case type: CivilCivil Appeal
…This is a first appeal from a trial by the High Court.…
…The principle questions raised in this first appeal are whether the employer, the Kenya Bus Services (Mombasa) Ltd had been entitled to summarily dismiss its employee Aloyce Mariera, and if so, whether the employer had paid…