Case law
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Division and case type: CriminalCriminal Appeal
…The question that arises is how, as an appellate court, shall we proceed to determine the question and whether we are entitled to go beyond the record of the proceedings of the court below.…
…Since there is no material, except the record of the proceedings, on which we can judiciously determine the question, we must go by the record and accept as true the position stated therein.…
Division and case type: CivilCase number Civil Application
…Mwaniki’s firm of advocates was appointed to act for the applicant in place of the former advocate who filed notice of appeal, the latter advocates, on perusal of the proceedings and the ruling of the superior court, realized…
…Majanja, on his part opposed the application on the main reason that the intended appeal was a non starter as in any case, the applicant had not written a letter to the Court bespeaking the proceedings as is required by the…
Division and case type: CivilCivil Appeal
…I am told that the applicant's counsel, in those circumstances, took it to mean that the applicant had 60 days to file the record of appeal from the date the applicant's counsel received copies of proceedings and ruling which…
…As the copies of proceedings and ruling were applied for on 17th March, 1997 (Ruling of Mbito, J having been delivered on 22nd day of February, 1997) the applicant had the benefit of the proviso to rule 81(1) of the Rules…
Division and case type: CivilCivil Appeal
…What the appellants stated in their claim presented by Noah’s evidence in the proceedings before the committee and produced as Exhibits marked D9 is this: “I claim from Ainea my father’s piece of land, simply because he has…
…On these facts, it seems, whatever may have been the original nature of the title acquired by the parties, since the dispute of 1947, 1958 and their settlements and the Land Adjudication proceedings of 1967 which resulted…