Case law
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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.…
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller Hancox JJ A and Chesoni Ag J A) CRIMINAL APPEAL NO 37 OF 1984 BETWEEN GILBERT CHEGE ………………………………….. APPELLANT AND REPUBLIC ………………………………………….…
…of Appeal could find no evidence to support that submission.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 141 OF 1986 BETWEEN JOHN MBURU KINYANJUI..................................…
…At P 216 the East African Court of Appeal remarked:- “Counsel for the appellants have referred us to expressions of opinion by this Court and by Courts in England, deprecating the joinder of a charge of conspiracy with charges…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…the Court of Appeal where the Court of Appeal’s decision has violated a citizen’s fundamental rights and freedoms; (ii) That the Learned Judge erred in finding that the appellant was granted a fair hearing by the Court of…
…Indeed, the letter from the Deputy Registrar, High Court to the Deputy Registrar, Court of Appeal acknowledged that the charge sheet in the record of appeal at the Court of Appeal was different and proceeded to issue the…
Division and case type: CriminalCase number Criminal Application
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL…
…But the Court of Appeal refused to accept that submission. The situation was, it seems, that the appellant had been granted the privilege of staying for a limited period in England.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. 122 OF 1994 BETWEEN G. B. M. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.…
…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI, & APALOO, JJ.A.) CRIMINAL APPEAL NO. 24 OF 1987 BETWEEN GEORGE OBEWA ………............…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC................…
…CASE NO. 1 OF 1995 ******************* JUDGMENT OF THE COURT This appeal arises out of a conviction for the offence of manslaughter, entered by the superior court (Etyang', J).…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GITHINJI, MWILU & ODEK, JJ.A) CRIMINAL APPEAL NO. 54 OF 2015 BETWEEN ABDI YUSUF MAALIM …………………………………………………………………….APPELLANT AND REPUBLIC …………………………………………………………………………..……… RESPONDENT…
…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi JJA & Platt Ag JA) CRIMINAL APPEAL NO. 14 OF 1985 Between ANWAR KIPNGETICH ......................................APPELLANT AND REPUBLIC..........................…
…In R v Vashanjee L Dossani [1946], 13 EACA 150 the Court of Appeal for Eastern Africa said, and we agree, that “An order for a re-trial is the proper order to be made when the accused has had a satisfactory trial” see also…
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 …….........…
…It is known that courts of justice themselves make mistakes which is politely referred to as erring, in their interpretation of laws and adoption of a legal point of view which courts of appeal sometimes overrule.…
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 ……
…The appellants replied that that holding was overruled in the subsequent holding of the Court of Appeal in Virginia Otieno v Joash Ougo and another [1988] 1 KAR 1048 decided in 1987.…
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…
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................................................................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ A CRIMINAL APPEAL NO 88 OF 1995 BETWEEN KAMLESH MANSUKLAL DAMJI PATTNI ……..APPELLANT AND REPUBLIC …………………...........…
…Clause 39 introduces a new power to appeal to the Court of Appeal against an acquittal.” The objects stated of the 1959 Bill clearly support Mr.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo & Tunoi JJ A ) CIVIL APPLICATION NO. NAI 264 OF 1993 (NAI 114/93 UR) BETWEEN 1. NYAMODI OCHIENG NYAMOGO 2. MICHAEL S.G.…
…to show cause why they should not be punished for contempt of the Court of Appeal for refusing to obey the orders of the said Court.…