“"intended appeal"” — court decisions

Judgment[1998] KECA 612 August 1998

Judgment[1998] KECA 28026 May 1998

Blueshield Insurance Co. Ltd v Raymond Buuri M'rimberia

Court of Appeal at NairobiMoijo Ole Keiwua,JUDGE APPEAL,Alice Muthoni Wahomean,Mary Kiarie,Kiariedid,KiarieCase number Civil Appeal 107 of 1997

Division and case type: CivilCivil Appeal

…Wahome insisted on arguing that the appeal intended to be filed would be an exercise in futility as it had no chances of success. This is a grey area.…

…Normally a single judge of this Court does not have to go into merits or demerits of the intended appeal.…

3 min read

Judgment[1998] KECA 22013 December 1998

NYANJA HOLIDINGS LTD & 2 OTHERS v CITY FINANCE BANK LIMITED

Court of Appeal at NairobiKuloba,JUDGE APPEAL,ENID N. NYANJA,Kaunda,Malawa

Division and case type: GeneralUnclassified

…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…

…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…

1 min read

Judgment[1998] KEHC 23520 September 1998

KENYA POWER & LIGHTING CO. LTD v NJILUX MOTORS LTD

High Court at NairobiNjunguCIVIL CASE NO. 1887 OF 1994

Division and case type: CivilCivil Case

…application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended…

…appeal.…

appeal succeedsAllowed3 min read

Judgment[1998] KEHC 17930 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobiit was fully paid on condition that out of theloan of shs,Gatonye,Mitambo,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Kariuki Mr,Mitambo Defendant,Mitambo We,Gatonye says Co,Rachi proceed Mr,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Rachi We,Rao If,Gatonye serve Mr,Rao absent Mr,Muruthi,Koyoko,MitiamboCivil Case 933 of 1996

Division and case type: CivilCivil Case

…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…

application succeedsAllowed2 min read

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

application succeedsAllowed2 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998

Division and case type: CivilCivil Appli

…Para 6:- THAT I verily believe that the intended appeal raises points of law of general public importance. Mrs.…

…Onyango Chief Litigation Counsel in her usual forceful presentation showed on prima facie basis the grounds she hopes would secure the success of her client's intended appeal, pointing out that the extracted Decree or Order…

15 min read

Judgment[1998] KEHC 3425 March 1998

PETER NGANGA MUIRURI v CREDIT (K) LIMITED

High Court at NairobiHayanga,Judge HayangaCase number Civil Case 3665 of 1991

Division and case type: CivilCivil Case

…interpreted by honourable Mr Justice Hayanga, regarding payment or otherwise of a sum of Kshs 1,373,832.40 which had been disputed and which was to be deposited in an interest earning account pending the outcome of the intended…

…appeal by the defendant against the said Justice Hayanga’s order.…

16 min read