Case law
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Division and case type: CivilCivil Appeal
…the hearing of the Appeal, although no Bench had as yet been decided upon to hear the appeal.…
…) to hear the present appeal.”…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.)…
…Justice Pall given at Nairobi on the 12th day of 1997 intends to appeal to the Court of Appeal against the whole of the said Ruling.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. MUKIRA M'ETHARA 2.…
…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…
Division and case type: CivilCivil Appeal
…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…
…The appellant appealed against this judgment on two grounds: 1.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU CRIMINAL APPEAL 50 OF 1994 DANIEL KAMAU NGANGA……………………..........................………..…
…There is also the ground of appeal relating to another magistrate completing the trial. It is not our province at this stage to go into merits of the appeal.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The appellants were not happy with this assessment and he lodged the appeal against the same.…
…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…
Division and case type: Anti-CorruptionCivil Appeal
…Ltd (formerly known as Manchester Outfitters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates [1993] eKLR Neutral citation: [1993] KECA 57 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL…
…Hence this appeal. Mr Kamau, for the appellants led some ten (10) grounds of appeal which he argued together. He advanced three proposition, namely: 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.)…
…The first ground of appeal therefore fails.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kwach, Muli & Gicheru JJ A) CIVIL APPEAL NO 3 OF 1992 BERNARD MUTONGA MBITHI …………………………….…….…
…Ground 1 of the Memorandum of Appeal fails.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th…
…Hence this appeal. Mr Waweru Gatonye who appeared for the appellant filed some 12 grounds of appeal and attacked the judgment of the High Court on the grounds of non-direction and misdirections.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The appellant was unhappy with this order and sought leave to appeal to this Court, which was granted. It then filed a notice of appeal followed by an appeal.…
…We are accordingly satisfied that Karugu Contractors is a person directly affected by the appeal and should have been served with the notice of appeal.…
Division and case type: CriminalCriminal Appeal
…His appeal to the superior court was dismissed. In this second appeal to this Court an appeal can lie only on points of law: see s.361(c) Criminal Procedure Code.…
…We are not satisfied that the appeal raises any point of law. We may add that Mr. Karanja for the Republic very properly submitted that the point of law is raised by this appeal. Accordingly, the appeal is dismissed.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CIVIL APPEAL (APPLICATION) NO. 109 OF 1995 BETWEEN KENYA COMMERCIAL BANK LTD ...............................…
…JUDGE OF APPEAL P.K. TUNOI ................. JUDGE OF APPEAL A.B. SHAH .................…