Judgment[2009] KECA 25
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Division and case type: CivilCase number Civil Application
REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT (An application for extension of time within which to lodge the record of appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon. Lady Justice Khaminwa) dated 6th February 2009 in H.C.C.C.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 36 OF 2008 ADBULHAKIM MOHAMED HASSAN HUSSEIN..............APPELLANT AND REPUBLIC................................................................RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya at Nairobi (Ombija, J.) dated 26th March, 2008 in H.C.Cr. 196 of 2003) ***************** JUDGMENT OF THE COURT Abdulhakim Mohamed Hassan Hussein, the appellant herein was arraigned in the superior c
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A. (IN CHAMBERS) CIVIL APPEAL NO.
Division and case type: CivilCivil Appeal
that the learned trial Judge improperly exercised his discretion in declining to set aside his order dismissing the appellants case and the ex parte judgement. In the result we allow the appeal, set aside both the ex parte order of dismissal and he ex parte judgement on the counterclaim and order that the claim and the counterclaim do proceed to hearing in the superior court.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
distributed in accordance with the law of intestacy but instead of leaving it at that, he proceeded to order that the appellant and the respondents, as the only surviving persons beneficially entitled to the deceased's estate, should share the suit land in equal shares. This part of the Judge's order cannot be sustained.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ………………………………..….. RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987)
Division and case type: CriminalMiscellaneous Criminal Application
accused persons for trial his Court had become functus officio and could not make any further order thereon. While hearing this constitutional issue, it was submitted before us that after the magistrate committed the accused persons for trial to the High Court counsel tried to draw the learned Chief Magistrate’s attention to the irregularities committed, namely non-compliance with provisions of sections 231 up to 253 of the Criminal Procedure Code, but to no avail due to the hostile attitude hel
Division and case type: CivilCivil Appeal
That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.
Division and case type: CriminalCriminal Appeal
statement made by the appellant to the police and which he gave to the court for perusal.At the conclusion of Mr Chunga’s outline of the facts the appellant then said:- “I agree all the facts.” He was then convicted of the offence and later sentenced to 5 years imprisonment. In passing sentence the learned Chief Magistrate stated that he had taken into consideration what the appellant had stated in mitigation as well as the contents of the appellant’s statement made to the police.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo, Masime JJA & Gicheru Ag JA) CIVIL APPEAL NO 12 OF 1987 BETWEEN CHEGE.......................................................... APPELLANT AND SULEIMAN...................................................RESPONDENT (Appeal against the ruling of the High Court at Nairobi, Kwach CA) RULING July 13, 1988, Apaloo, Masime JJA & Gicheru Ag JA delivered the following Ruling.
Division and case type: CivilCivil Appeal
Madede & another v Fita & 2 others (Civil Appeal 4 of 1986) [1988] KECA 108 (KLR) (12 April 1988) (Judgment) Madede & another v Ainea Fita & 2 others [1988] eKLR Neutral citation: [1988] KECA 108 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 4 OF 1986 JO NYARANGI, JM GACHUHI & FK APALOO, JJA APRIL 12, 1988 BETWEEN MADEDE & ANOTHER & ANOTHER ............................................... APPELLANT AND AINEA FITA ............................................................
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.
Division and case type: CivilCivil Appeal
United India Insurance Co Ltd Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd Court of Appeal, at Nairobi January 17, 1985 Madan, Kneller & Hancox JJA Civil Appeal No 36 of 1983 (Appeal from the High Court at Nairobi, Platt J, ) Cases Commonwealth & C. 191 The Fehmarn [1957] 1 Lloyds Law Reports 551 Eleftheria [1969 Lloyds Law Reports 237 The Chaparral [1972 2 Lloyds Law Reports 315 Universal Ltd.