Judgment[1984] KECA 67
Case law
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Division and case type: CivilCivil Suit
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Hancox JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 1 OF 1982 BETWEEN MORJARIA.................................................................................APPELLANT AND ABDALLA...............................................................................RESPONDENT (In an appeal from the High Court at Nakuru, Mead J)
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Kneller JA, Chesoni & Nyarangi Ag JJA ) CRIMINAL APPEAL 19 OF 1984 BETWEEN WARINGA..................................................................APPELLANT AND REPUBLIC..............................................................RESPONDENT (Appeal from the High Court at Nakuru, Mead J)
Division and case type: CivilCivil Case
IN THE COURT OF APPEAL AT NAIROBI (Coram:Hancox JA) CIVIL APPLICATION NO NAI 56 OF 1983 BETWEEN SAMUEL MBUGUA GITHERE …….........……APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the second to extend the time for instituting the appeal which, the applicant’s notice of motion filed on November 15, 1983, states: “... shall be made
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.
Division and case type: CivilCivil Appeal
ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal
Division and case type: CivilCivil Appeal
There is an air of ellipsis about Mr Chakava’s argument. It springs no doubt from the terms of the order drawn up as a result of the High Court’s judgment.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller JJA & Chesoni Ag JA ) CIVIL APPEAL NO. 43 OF 1983 THE EAST AFRICAN POWER AND LIGHTING COMPANY LIMITED …..….....…................…..
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: HANCOX JA, CHESONI & PLATT Ag JJA) CRIMINAL APPEAL NO. 97 OF 1983 AGGREY…………………....……… APPELLANT VERSUS REPUBLIC…………………..……RESPONDENT
Division and case type: CivilCivil Appeal
without leave, it would have been incompetent in any event. The real issue before us is whether the order should have included a statement that leave to appeal had been given.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER ………….....…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court had not been complied with, in that none o
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Hancox JA, Chesoni & Nyarangi Ag JJA ) CRIMINAL APPEAL NO. GEORGE KARANJA MWANGI 2.
Division and case type: CivilCivil Appeal
Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER Sequeira, BA Roderigues and RA Ribeiro (1933) 15 KLR 34 (k) and Newbold P Sir Clement de Lestang Ag VP and Spry JA of the Court of Appeal for Eastern Africa in Ujagar Singh v Runda Coffee Estates Ltd [1966] EA 263 (CA-K). There was no appeal pending here but it may be that there could be other circumstances cal
Division and case type: CivilCivil Appeal
Consequently, the respondent asked for judgment against the appellant in the form of an eviction order and the costs, and interest on the costs, for having to bring this into court. The appellant claims that the same land was registered in the name of Mukui Kamau who allowed the appellant entry upon it in 1964 (which is twelve years before the respondent says the appellant trespassed on this land) and the appellant goes on to say that he has lived on it ever since, put up a house on it and plant
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN, POTTER AND HANCOX JJA) CRIMINAL APPEAL NO 88 OF 1982 MARANDU M’ARIMI...........................APPELLANT AND REPUBLIC.....................................RESPONDENT (Appeal from the High Court of Kenya at Meru, O’Kubasu J 31 March, 1982 )
Division and case type: CriminalCriminal Case
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram:Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 44 OF 1982 BETWEEN J M...............................................................................................APPELLANT AND REPUBLIC...............................................................................RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CRIMINAL APPEAL NO 61 OF 1981 BETWEEN 1. ERNEST IMBINDI………………………………………….APPELLANTS 2.