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…NO. 398 OF 1994) ************************** JUDGMENT OF THE COURT The appellant's appeal in the superior court was against sentence having abandoned his appeal to that Court against conviction.…

…Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A) CIVIL APPEAL NO. 59 OF 1991 BETWEEN B.R.…

…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.)…

…The first ground of appeal therefore fails.…

…I have no doubt that this appeal is not maintainable.…

…President Moi was subsequently granted leave by the High Court, to appeal to this Court which culminated in Civil Appeal No 176 of 1993.…

…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi,Cockar & Omolo JJ A ) CIVIL APPEAL NO. 55 OF 1986 BETWEEN NGORORO...............................................................................APPELLANT AND NDUTHA & ANOTHER…

…No appeal was ever filed against that ruling and as far as this Court is concerned the ruling is binding because this appeal is not against that ruling of Masime, J.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 64 OF 1994 FESTUS WANJOHI GITHENDU………………….................................. …………………..APPELLANT AND REPUBLIC………………………............................…

…....…………………….. ……………..RESPONDENT (Appeal from a sentence of the High Court of Kenya at Nairobi (Mr.…

…Jane Mbeyu & Another, Civil Appeal No. 145 of 1990, unreported.…

…The Appellant has succeeded almost wholly in this appeal. He will therefore have 80% of the costs of the appeal. Miss Waweru sought orders from us for the refund of moneys paid by her clients should the appeal succeed.…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, AKIWUMI & SHAH, JJ.A.)…

….RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Nairobi (Mr.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO 994 OF 1984 (From Original Conviction and Sentence in Criminal Case No 156 of 1984 of the Resident Magistrate’s Court at Thika, H R…

…KIMANI NGAU ………………………………………………..APPELLANT versus REPUBLIC ……………………………………………………..RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO 995 OF 1984 PETER MWANGI KIMANI …………………………………… APPELLANT v e r s u s REPUBLIC …………………………………………

…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.…

…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, SHAH & PALL, JJ.A.)…

…CIVIL APPEAL NO. 75 OF 1997 BETWEEN KENYA CEMENT MARKETING LIMITED............................................APPELLANT AND JAMES G.K.…

…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…

…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram:A.B.…

…a certified copy of the orders appealed against having been included in the record of appeal.…

…The Council has not appealed and has been joined as a second respondent in this appeal. The appellant’s memorandum of appeal contains 6 grounds of appeal and I propose to deal with them in their numerical order.…

…This ground of appeal accordingly fails.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO.…

…His first appeal to the superior court against both conviction and sentence was dismissed.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.…

…Akhaabi, time started to run for the purposes of filing an appeal from December 4, 1991 and the appeal became barred on February 19, 1992.…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…That being the position any appeal to this Court without leave would be incompetent.…

…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.…