“"leave to appeal"” — court decisions

Judgment[1998] KEHC 110

Judgment[1997] KECA 31110 June 1997

LUCY NYAMBURA RITHO & ANOTHER v PUBLIC TRUSTEE & ANOTHER

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Amuga

Division and case type: GeneralUnclassified

…Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary. In any event the leave to appeal allegedly obtained in April 1996 was granted out of time and is not valid.…

application failsDismissed1 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

…Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr. Gatonye alsoorally applied for stay of execution.But the record shows that, after the application, Mr.…

…Gatonye to say that the oralapplication for leave to appeal was not opposed. It was adjourned forsubmissions by Mr. Rachi but it appears that counsels got pre-occupied with attempts to get a buyer of the property, Mr.…

application succeedsAllowed2 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…That ruling was followed by an application for leave to appeal. Leave to appal was granted by Pall J whose leave led to the ling of this appeal.…

76 min read