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
…He has not appealed against that decision.…
…The memorandum of appeal contains 13 grounds of appeal.…
Division and case type: CriminalCriminal Appeal
…APPEAL E007 OF 2021 WM MUSYOKA, J DECEMBER 23, 2022 BETWEEN JOHN ALUKHABA .................................................................................…
…The appellant was aggrieved of his conviction and sentence, and led the instant 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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Criminal Appeal No. 316 of 2004, and the Court of Appeal in Criminal Appeal No. 363 of 2006, each dismissed the appellant’s appeal, upheld the appellant’s conviction, and confirmed the death sentence. [2] After the dismissal…
…The letters confirmed that the charge sheet that was in the record of appeal before the Court of Appeal in Cr Appeal No. 363 had been tampered with.…
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: CriminalCriminal Appeal
…Ahmed Ali D Sumaar V Republic [1964] EA 481, Horace Kiti Makupe v R Criminal Appeal 93 of 1983 (unreported) and Mohamed Rafiq v R Criminal Appeal No 56 of 1983 (unreported).…
…All this applies to the hearing of an appeal and not only a re-trial.…
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
…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.…
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 ………............…
….…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.…
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.…