Case law
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Division and case type: CivilCivil Appeal
…(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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)…
…In our judgment, this appeal has no merit and is dismissed with costs. Dated and delivered at Nairobi this 15th day of December, 1997 A.A. LAKHA ............................. JUDGE OF APPEAL G.S.…
Division and case type: CriminalCriminal Case
…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.…
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: CriminalCase number Criminal Application
…For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994.…
…The applicant persists in following up the intended appeal or rather what he callsT hteh e apapplpeiacla nta lrweialdly bfei lmeedr.ely wasting Court's time on an appeal which is not based on any point of law.…
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
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, SHAH & PALL, JJ.A.)…
…The first ground of appeal therefore fails.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, TUNOI & PALL, JJ.A.) CRIMINAL APPEAL NO. 45 OF 1996 BETWEEN WALTER MAGANA OKORE ....................................…
…We find no merit in the appeal against conviction and we dismiss it.…
Division and case type: CivilCivil Appeal
…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 ………………………….…
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: FamilySuccession Cause
…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.…
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
…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.…
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
…IN THE COURT OF APPEAL AT NYERI ( Coram: Gachuhi, Kwach & Akiwumi JJ A ) CIVIL APPEAL NO. 87 OF 1993 BETWEEN KENINDIA ASSURANCE COMPANY LIMITED........................................APPELLANT AND PATRIC MUTURI...........…
…Application No NAI 107 of 1993 (44/93 UR), together with the interest earned, shall forthwith be released to the appellant who shall also have its costs of this appeal.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, SHAH & OWUOR JJ.A CIVIL APPLICATION NO. NAI. 306 OF 1998 (UR. 118/98) BETWEEN NYANJA HOLDINGS LIMITED GEORGE NJAU MBUGUA NYANJA MRS. ENID N.…
…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…