Judgment[1995] KECA 56
Case law
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Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Criminal Appeal 103 of 1995 ABDALLA AHMED ABDUL RASHID………………............................................. …………..APPELLANT AND REPUBLIC…………………………..............................……………............
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 49 of 1995 JOSEPH BOKE MATAIGA ......………..………………...APPELLANT AND REPUBLIC……………………..................................…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Kakamega (Justice Tanui) dated 17th September, 1993 IN CR. 38 OF 1992) ********************* JUDGEMENT OF THE COURT This is an appeal against the conviction of the appellant by Tanui, J.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 134 of 1994 1. OLONGIDA OLE NGILORITI 4.
Division and case type: CriminalCriminal Appeal
pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.
Division and case type: CivilCivil Appeal
Macharia v Mungai (Civil Appeal 85 of 1990) [1995] KECA 165 (KLR) (18 October 1995) (Judgment) G.K. Macharia & another v Lucy N.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.) CIVIL APPEAL NO. 92 OF 1989 BETWEEN CORNELIUS K.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 51 of 1994 KITIPA OLE NKUKUU……………....................................……. …………………………….APPLICANT AND REPUBLIC……………...............................
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B. SHAH) CIVIL APPEAL 149 OF 1991 BETWEEN JOSEPHOCHIENG PHILIPKAFUANDE HENRY HEGGA (Trading as AQUILINE AGENCIES)…....................APPELLANTS VERSUS FIRST NATIONAL BANK OF CHICAGO.................
Division and case type: CivilORIGINATING SUMMONS
The respondents swear that they were prepared to accept the applicants papers if they were in order despite the order from the Chief Magistrate, Nakuru if the same were presented within the prescribed time. No attempt was made to present the papers within the prescribed time.
Division and case type: CivilCivil Appeal
was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gachuhi, Omolo & Lakha JJ A) CIVIL APPEAL NO 139 OF 1989 BETWEEN DANIEL M. NJAI ............................APPELLANT AND HIGH VIEW FARM LTD...................RESPONDENT GEORGE N.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, KWACH & OMOLO JJ A ) CIVIL APPEAL NO 159 OF 1994 BETWEEN CAR & GENERAL (K) LIMITED ...........................APPELLANT AND DIAMOND TRUST OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT OF THE COURT We think this appeal is clearly devoid of any merit. The appella
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gicheru, Kwach & Tunoi, JJ A) CIVIL APPEAL NO 14 OF 1989 Between MAINA KANIARU..........................................APPELLANT JANE WAHITO...............................................APPELLANT AND JOSEPHAT M. WANG'ONDU.........................RESPONDENT (An appeal from the judgment of Hon Mr Justice Mbogholi-Msagha delivered on 18th March, 1988 in HCCC No 2556 of 1986) **************************
Division and case type: CivilCivil Appeal
matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.) CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN H.C.C.
Division and case type: CivilCivil Appeal
13 (1) (a) is concerned is correct . But the plaintiff’s application in the superior court was based on Order V1 rule13(1) without specifying any of the particular grounds (a), (b) (c) or (d) of sub-rule (1).
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Omolo, Akiwumi & Lakha, JJ.A.) CRIMINAL APPEAL NO. 84 OF 1994 BETWEEN FRANCIS NDUATI WAITHAKA..................................APPELLANT AND REPUBLIC................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nyeri (Lady Ang'awa) dated 24th June, 1994 in H.C.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Omolo, Akiwumi & Lakha, JJ.A.) CRIMINAL APPEAL NO. 84 OF 1994 BETWEEN FRANCIS NDUATI WAITHAKA..................................APPELLANT AND REPUBLIC................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nyeri (Lady Ang'awa) dated 24th June, 1994 in H.C.