Case law
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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: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.
Division and case type: CriminalCriminal Appeal
For the foregoing reasons, we allow the appeal, quash the convictions, set aside the sentences and order that the appellant be set free forthwith unless he is otherwise lawfully detained. Delivered at Kisumu this 8th day of December, 1983 AA Kneller Judge of Appeal ZR Chesoni Ag Judge of Appeal HG Platt Ag Judge of Appeal
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox, JJA & Chesoni, Ag JA) CRIMINAL APPEAL NO 31 OF 1983 BETWEEN THOMAS OCHIENG AJWANG ……………………..…………. APPELLANT AND REPUBLIC …………………………………………………… RESPONDENT (appeal from a judgment of the High Court of Kenya at Kisumu (Patel J) dated 20th August, 1982 in Criminal Appeal No 582 of 1982) JUDGMENT OF THE COURT The appellant Thomas Ochieng’ Ajwang was convicted of being in possession of uncustomed goods contrary to Section 185
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: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU crim app 89 of 1983 EDWARD KABUI JACKSON KARIUKI JOSEPH NGANGA KAHINDA ……………………………………… APPELLANTS AND REPUBLIC ……………………………….………………………….. RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house breaking and stealing contrary to Sections 304(1) and 279(b) of the Penal Code (
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox JJA & Chesoni Ag JA) CRIMINAL APPEAL NO 38 OF 1983 BETWEEN ELIAS APUDHO ODHOWO SIMON NYAMAI LUCAS ODHIAMBO AUGUSTINO OMONDI ……………………………………………….. APPELLANTS AND REPUBLIC ………………………………….………………………… RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisumu (Schofield J) dated 16th March, 1983 in Criminal Case No 31 of 1982) JUDGMENT OF THE COURT Elias Apudho Odhowo aged 55, Simon Nyamai, 65, Lucas Odhiambo, 3
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: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag. 32 OF 1982) civ app 32 of 82 BETWEEN ANDREW A APIYO ………………………..…………… APPELLANT AND MICHAEL M O MASHERE …………………………… RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Eldoret (Mbaya, J) dated 7th May, 1982 in Civil Case No.
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.
Division and case type: CivilCivil Suit
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Law, J.A. Kneller and Hancos, Ag, JJ.A.) CIVIL APPEAL NO.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAKURU ( Coram: Madan, Potter JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. JOHN GABRIEL GITAU KAMAU...................................................APPELLANTS AND REPUBLIC..........................................................................................RESPONDENT