Case law
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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
…(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: 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 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: 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: 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
…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
…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: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI APPELLATE SIDE CRIMINAL APPEAL NO. 316 OF 1997 (From Original conviction and Sentence in Criminal Case No. 10667 of 1994 of the Principal Magistrate’s Court at Kibera…
…His appeal to this court is against both conviction and sentence.…
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
…The respondent appealed to the Senior Resident Magistrate's court. The appeal was allowed and a retrial was ordered. The appellant then appealed to the High Court. On hearing day 19.5.94, Mr. Muthusi appeared for Dr.…
…Appeals and yet other appeals arose from a point of technicality and applications upon applications for review started.…
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: 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: CriminalCriminal Appeal
…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…
…Cr Appeal No 669 of 1986 and David Mbewa Ndere v R (H.C Cr Appeal No 12145 of 1987).…
Division and case type: CivilCivil Appeal
…record of appeal, on the respondent.…
…appeal was not in the record.…
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.…
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.…