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…IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1161 OF 2000 (From Original Conviction and Sentence in Criminal Case No.986 of 2000 of the District Magistrate’s at Kigumo).…

…JOHN MAINA KAMAU......................................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1162 OF…

…It is not applicable in this appeal. After trial each of the 2 appellants was given a 9-month prison term. On 27.11.2000 2 separate petitions of appeal were filed by Mrs. Thoronjo but they are identical in all respects.…

…Thoronjo in Irungu’s appeal.…

…The appellants not being satisfied with the learned Judge's ruling have appealed against it. Mr.…

…We see no merit in this appeal. We cannot fault the learned Judge in having set aside the ex-parte interlocutory judgment. This appeal is dismissed with costs.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…

…the notice of appeal is extended by 7 days from today's date and the time for lodging the record of appeal is extended by 15 days from the date of lodging the notice of appeal within the extended time.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Commissioner Shah) dated 7th June, 2000 in H.C.CR.A.…

…The appeal is ordered to be and is hereby dismissed. Dated and delivered at Mombasa this 24th day of July, 2000. R. S. C. OMOLO ............... JUDGE OF APPEAL A. M. AKIWUMI ............... JUDGE OF APPEAL E.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 162 of 1999 ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) .........................................................APPELLANT AND…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1161 OF 2000 (From Original Conviction and Sentence in Criminal Case No.986 of 2000 of the District Magistrate’s at Kigumo).…

…JOHN MAINA KAMAU......................................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1162 OF…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & O'KUBASU, JJ.A.) CIVIL APPEAL NO. 212 OF 1996 BEATRICE NYAMBURA MUCHERU ...........................…

…(as he then was) in Civil Case (O.S.) 70/79, who referred to the Court of Appeal Judgment in Kenya Commercial Bank v James Osebe, Civil Appeal No. 60/82, and particularly the Judgment of Hancox Ag. J.A.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 162 of 1999 ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) .........................................................APPELLANT AND…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…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.…

…Son on the technicality alone this appeal is allowed. Otherwise on the evidence laid the appellant did destroy the complainants crop.…

…From the technical point of law and how the evidence as taken the appeal is allowed. Conviction is quashed and sentence set aside.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 162 of 1999 ADMINISTRATORS OF THE ESTATE OF MAXWELL MAURICE OMBOGO (DECEASED) .........................................................APPELLANT AND…

…The administrators of the deceased's estate were aggrieved and hence the appeal. The memorandum of appeal has seven grounds, but at the hearing of the appeal Mr Owio Okeyo for the appellant abandoned the last two.…

…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…

…On 19th January, 1998 the applicant filed a Notice of Appeal consist only that portion of the said decision which ordered costs to be borne by them. No appeal followed.…

…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…

…JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR…

…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…

…On 19th January, 1998 the applicant filed a Notice of Appeal consist only that portion of the said decision which ordered costs to be borne by them. No appeal followed.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…

…No.1113 of 2000) ****************** RULING OF THE COURT The Commissioner of Assize, whose orders are proposedto be challenged on appeal granted an order of stay on certain terms.…

…In addition no appeal having been filed, I hereby grant the application filed herein on 24/8/93. Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…OWUOR JUDGE OF APPEAL…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…

…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…

…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…