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: 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 Suit
rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 1676 OF 1995 ROSEMARY WANJIKU KINYANJUI …………..PLAINTIFF VERSUS MARTIN WAINAINA KINYAJUI……….....….RESPONDENT RULING OF THE COURT Before the 24th October, 1995, I had considered the application before me and said as follows: “The parties herein have been in matrimony for thirty one years. They have materially prospered together and can without embellishment be said to be quite rich.
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: 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 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
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: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO 248 OF 1994 JOHN JUMA KIBOS …………………APPELLANT VERSUS REPUBLIC……………………....….RESPONDENT
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: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 3723 of 1990 HELLEN MUHONJA MAINA................................................. PLAINTIFF VERSUS PETER KINAGI GITUKA..................................................
Division and case type: CivilCivil Suit
would have been done on October 24, 1990 a day after the hearing and making of garnishee order absolute. That notification would have served no purpose on that date for no fault of the Garnishee who was not served as provided by Rule 1 (2) of the said order.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilMiscellaneous Application
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.