Case law
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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 .................…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 7 of 1991 JOSHUA LIYAYI MUSUNGU ……….....………..…
….… RESPONDENT (Appeal from a sentence of the High Court of Kenya Kakamega (Mr Justice Osiemo) dated 15th October, 1990, In H.C.CR.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.)…
…........................................RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Machakos (Justice Osiemo) dated 8th December, 1993 in H.C.CR.C.…
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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, KWACH & TUNOI) CRIMINAL APPEAL NO. 108 OF 1992 BETWEEN HERMAN AMBONYA ODONGO......................................APPELLANT AND REPUBLIC.................…
…His appeal to the superior court against both conviction and sentence was summarily rejected under section 352(2) of the Criminal Procedure Code. He has now appealed to this court against this rejection.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. J.A ) CIVIL APPEAL No. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K. NDEGWA…..…
…Accordingly the appeal is incurably defective as renders the appeal incompetent. It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M.…
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
…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: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
…) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended appeal…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.…
…Akhaabi, time started to run for the purposes of filing an appeal from December 4, 1991 and the appeal became barred on February 19, 1992.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. J. A.)…
…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…
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
…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: 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: CivilCivil 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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 154 & 155 of 1996 JACKLINE MUENI NZIOKA…..…………………….................................... ……………...APPELLANT AND JETHAT RAMJI KERAI……………………............…
…The appeal against liability must fail and it is dismissed.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO.…
…The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court. His twelve grounds of appeal can be distilled into two main grounds.…
Division and case type: CivilCivil Appeal
…The applicant filed an appeal against the decision of Shields J (Civil Appeal No.143/94) and also obtained a stay of execution from this Court on 18th November, 1994.…
…Unfortunately, that appeal was struck out by this Court on 15th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against.…
Division and case type: CivilCivil Appeals numbered
…Civil Appeals numbered 96 of 1996 and 98 of 1996 were both struck out by this Court (Kwach, Akiwumi & Pall JJ.A) on the 22nd day of May, 1997 as, in both the appeals, the date on the copy of the orders appealed against did…
…not coincide with the date of the order and as the order appealed against appeared to have been certified on a date subsequent to the filing of the appeal.…