Case law
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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: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.…
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: 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: CivilCivil Appeal
…NO. 263 OF 1995 *********************** JUDGMENT OF THE COURT These two appeals have been consolidated and heard together under rule 100 of the Court of Appeal Rules. Jackline Mueni Nzioka, the appellant in C.A.…
…Ltd., which was binding on the Court of Appeal for East Africa, that dependency is a question of fact.…
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: 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: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
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:Hancox JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 1 OF 1982 BETWEEN MORJARIA.................................................................................APPELLANT AND ABDALLA…
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:Kneller, Hancox & Nyarangi JJA) CIVIL APPEAL NO.92 OF 1983 BETWEEN JITENDRA BRAHMBHATT...........................................APPELLANT AND DYNAMICS ENGINEERING LTD.............…
…the Court of Appeal Rules, namely that the petition should have been dismissed for lack of compliance with rule 23 of the Companies (Winding Up) Rules in relation to the advertisement of the petition.…
Division and case type: CivilCivil Case
…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…
Division and case type: CivilCivil Case
…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…
Division and case type: CriminalCase number Criminal Application
…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…
Division and case type: CivilCivil 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.…