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….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…

…To do so, would not, in our judgment, shift the burden of proof as contented by Mr. Jiwaji.…

…MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................RESPONDENT (Appeal from a Judgment…

…NO. 7 OF 1992) ********** JUDGMENT OF THE COURT There is one aspect of the trial which renders it defective.…

…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…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

…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…

…There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.…

….................................APPELLANT AND KINENI FARMERS CO-OPERATIVE SOCIETY LIMTED.......................................1ST RESPONDENT SAMWEL NYARUNDA................................2ND RESPONDENT (Appeal from a judgment…

…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.…

…APPEAL AT NAIROBI CIVIL APPEAL NO. 182 OF 1994 MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT AND PHILIP NZUKI KIILU…………………....................................................RESPONDENT (Appeal from a judgment…

….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record of Appeal from the Judgment…

…The judgment which is intended to be appealed against was given on 13th October, 1997 and no notice of appeal was filed within the time prescribed. Even on the basis of Mr.…

…HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record of Appeal out of time from a Judgment…

…The intended appeal is from the superior court in which judgment was entered on June 28, 1990 by Aluoch, J..…

…DEFENDANT JUDGMENT This is a suit for damages, special and general, costs and interest. The plaintiff is Bachitter Singh Chase. The defendant is Barclays Bank Limited, his former employers.…

…Consequently, it is my judgment that the original contract lapsed and was replaced by one embodying the varied duties and remuneration and re-enacting the un-altered terms.…

….……….RESPONDENT (Being an appeal from the judgment of the High Court of Kenya at Machakos (Justice Osiemo) on the 5th May, 1994 in H.C.C.C.…

….................................. 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension of time to file Notice of Appeal out of time in an intended appeal from a Judgment…

…...........................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO. 359 OF 1991) ********** JUDGMENT…

…The case was then heard and on 20th May 1994 Githinji J delivered judgment which has given rise to the present appeal.…

…In my judgment this appeal succeeds only on this one ground. I had the advantage of reading in draft the judgments of my Lords Kwach and Akiwumi and I am in entire agreement with them.…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…NAI 123 OF 1997 BETWEEN MACHAKOS RANCHING COMPANY LIMITED.................APPLICANT AND WAEMA ITUMO MUOKA...........................................RESPONDENT (Applications for extension of time in intended appeals from a Judgments…

…It was stated quite categorically by Upjohn LJ in the case of In re Pritchard Decd (1963) 2 W.L.R. 685 at page 698: "I do not think that the earlier cases or the later dicta upon them prevent me from saying that, in my judgment…

…Onduma - Court Clerk JUDGMENT The appellant was charged in the Principal Magistrate’s Court at Kibera with the offence of robbery with violence contrary to section 296 (2) of the Penal Code.…

…Reading the S.13 (2) does not appear to say just that: 'S.13 (2) where the court has at the commencement of this Act, heard the case and pronounced judgment thereon, any appeal therefrom shall proceed as if this Act had not…

…When and where can it be said in the current application that orders sought are confined to review only and are not in substance tantamount to appeal rulings/judgments Yet a court cannot sit on appeal over its own decisions…

…………RESPONDENT (Appeal from the ruling of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 12th day of May, 1994 in HCCC No 1376 of 1994) ************************************ JUDGMENT Gachuhi JA.…

…In the leading judgment, - at page 671 Lord Esher MR stated: “To my mind there is no doubt that the proposition is true to its fullest extent, that no action lies for acts done or words spoken by a judge in the exercise of…