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…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.…

…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.…

…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 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.…

…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.…

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

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…(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: KWACH, TUNOI & PALL JJ.A) CIVIL APPEAL NO.54 OF 1994 BETWEEN GABRIEL NYANGATE.............................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.…

…NO.535 OF 1991) ******************** JUDGMENT There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out.…

…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 OF KENYA AT NAKURU Civil Appeal 66 or 1995 CLEMENT J. MACHARIA ……………………..................................... …………………..APPELLANT AND K. G. G. C. U.…

…In the end result we dismiss this appeal with costs. Dated and delivered at Nairobi this 1st day of March, 1996. R. O. KWACH ………………………. JUDGE OF APPEAL P.K. TUNOI ……………………….. JUDGE OF APPEAL A.B. SHAH ………………………….…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…

…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.…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…The reason why the Notice of Appeal was not filed within the prescribed time is stated by Mr. Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary.…