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: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.) CIVIL APPEAL NO. 83 OF 1995 BETWEEN BAMBURI PORTLAND CEMENT CO.…
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
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
…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
…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…
…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…the appeal.…
Division and case type: CivilCivil Appeal
…record of appeal, on the respondent.…
…appeal was not in the record.…
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
…At the hearing of the appeal Mr. Kiage appeared for the appellant. We must commend him for the admirable manner in which he argued the appeal. His submission was as follows.…
…Civil Appeal No 107 of 1995 – unreported).…
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: CivilCase number Civil Application
…as the ruling the applicant seeks to appeal from was delivered on 6th February 2009 and the notice of appeal was filed on 20th February 2009.…
…the appeal or intended appeal at this stage and whether the granting of the application would prejudice the respondent.…
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.…