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…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CRIMINAL APPEAL 48 OF 84 DAVID OMUSE ODERA ………………………………… APPELLANT AND REPUBLIC ………………………………………………….…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan, Kneller, JJ A and Nyarangi, Ag J A) BETWEEN SHELMITH GATHIGIA HENRY ……….………………..…

…He filed his application for this leave on January 5, 1984, in the Kisumu Court of Appeal sub-registry.…

…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…

…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…

…This position has been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held…

…This reasoning was recently adopted by the Court of Appeal in the case of Methodist Church in Kenya Trustees Registered & Another v Rev.…

…Jeremiah Muku and Another CA, Civil Appeal No. 233 of 2008 (Unreported), where the Court of Appeal observed, “As the Privy Council said, it is only in rare cases that an error in the judgment or order of a court can constitute…

…In Patrisi Ozia v R [1951] EA 36 the Court of Appeal for East Africa held that an unsworn statement by an accused cannot be used against another co-accused.…

…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…

…The Court of Appeal in England dealt with a situation more or less similar to that in the instant case, in the case of Meek –vPort of London Authority (1918) Ch D 96 Swinfen.…