Case law
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Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT Perhaps the less said about this appeal the better.…
…The appellant’s first appeal was summarily rejected. It ought not to have been.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (CORAM:GICHERU, AKIWUMI & SHAH, JJ.A.)…
…CIVIL APPEAL NO. 33 OF 1995 BETWEEN MWITA MERENGO………………………….APPELLANT AND WEREMA MERENGO………………….RESPONDENT (Appeal from the judgment/order of the High Court of Kenya at Kisii (Mabaluto , J.) dated 14th September, 1994 IN…
Division and case type: CivilCivil Suit
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 52 & 53 OF 1982 BETWEEN GURBAKSH SINGH & SONS LTD.........................................................................…
…He was incapable of managing and administering his own property and affairs when the suit was filed on August 8, 1982 and when the appeal was filed on September 29, 1982 so that he sued and appealed by his next friend, Charanjit…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, MASIME JJ A & COCKAR Ag JA) CIVIL APPEAL NO 47 OF 1989 GITHU………….......………….…..…
…I agree that this appeal must be allowed with costs.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 87 1999 (32/99 UR) BETWEEN THE REPUBLIC .......................................…
…in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion before us.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…
…........................RESPONDENT (Appeal from the judgment of the High Court of Kenya at Nairobi (Dugdale J) dated 21st February, 1994 IN H.C.C.C.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox, JJA & Chesoni, Ag JA) CRIMINAL APPEAL NO 31 OF 1983 BETWEEN THOMAS OCHIENG AJWANG ……………………..………….…
…Thomas has now appealed to this court from the High Court decision.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL AT NAKURU Criminal Appeal 37 of 1992 JOSEPH KIPTURGOT A TOWET……………………….. APPELLANT AND REPUBLIC …………….………………………………….…
…Accordingly, under rule 68(1)(a) of the Rules of this Court, this appeal has abated. Dated and delivered at Nakuru this 21st day of September, 1992. J.E. GICHERU JUDGE OF APPEAL A.M. COCKAR JUDGE OF APPEAL M.G.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 79 of 1997 BEATRICE WANJIRU KIMANI .......................................................................................…
…Judges of a Appeal, and considered the general conduct of the matter before the Court. To some degree, the appeal raised some complex issues to be decided by the Court.…
Division and case type: CriminalCriminal Appeal
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
…May 1989 in High Court Criminal Appeal No 8 of 1989) 1.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU (Coram: Nyarangi, Gachuhi & Apaloo JJA) CIVIL APPEAL NO 58 OF 1986 RICHARD SAIDI...........................................APPELLANT VERSUS MANASSE LUMWACHI HAJANI................DEFENDANT…
…The appeal is therefore dismissed with each party bearing his costs. Apaloo JA. The only question of substance raised in this appeal, involves figures and is a pure question of arithmetic.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & LAKHA, JJ.A.)…
…CIVIL APPEAL NO. 119 OF 1993 BETWEEN JAMES KABUI KINYANJUI..........................................APPELLANT AND GATHONI MWITHIGA (Substituted)......................RESPONDENT (Appeal from a judgment of the High Court of…
Division and case type: GeneralUnclassified
…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…
…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…
Division and case type: CivilCase number Civil Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A) CIVIL APPLICATION NO.…
…To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Platt & Apaloo JJA) CRIMINAL APPEAL NO 45 OF 1988 BETWEEN JOPLEY CONSTANTINE OYIENG.................. APPELLANT AND REPUBLIC............................…
…Even if the matter before the High Court was the provision of section 67 (1) of the Constitution, there would be no appeal as no such right has been given. Right of appeal can only be given by statute.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Andhiro v Republic Court of Appeal, at Kisumu December 2, 1991 Masime, Cockar JJ A & Omolo Ag JA Criminal Appeal No 80 of 1990 (Appeal from a sentence of the High Court of Kenya at Kisii (Patel J) dated…
…He has now appealed to this Court against sentence.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH ……………………..........................…….……………… APPELLANT AND AGIP…
…A A Kneller Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Nyarangi, JJ A and Gachuhi, Ag J A) CIVIL APPEAL 35 OF 1984 BETWEEN BERNARD GATHIGE NGUAH …………………………..............……………… APPELLANT…
Division and case type: GeneralUnclassified
…APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT (An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon.…
…NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.…
Division and case type: CivilCivil Appeal
…On appeal to the High Court, the trial court’ judgment was reversed, so that the plaintiff generally succeeded in his original claim. Now the defendant appeals to this court.…
…I would therefore dismiss the appeal with costs. Chesoni Ag JA. The facts of this appeal have been stated in detail by Platt JA and Hancox JA has in a nutshell pointed out the issue.…
Division and case type: CivilCivil Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…The respondent cross appealed and set out ve grounds of appeal but the rst four grounds were abandoned leaving the issue of quantum only for arguments before this Court. 2.…