Judgment[2009] KECA 25
CFC Financial Services Limited v Juja Road Fancy Store Limited
Court of Appeal at Nairobi
Case law
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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 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
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: 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 (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 5 OF 1984 BETWEEN BAKSHISH SINGH & BROTHERS ………….………...............…………….. APPELLANTS AND PANAFRIC HOTELS LIMITED ………..…………….....................…………..
Division and case type: CivilMiscellaneous Application
IN THE COURT OF APPEAL AT NAIROBI (Coram:Kneller JA) CIVIL APPLICATION NO NAI 33 OF 1984 BETWEEN GEOFFREY NDUNG’U THEURI ……………APPLICANT AND LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment
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