Judgment[2001] KECA 323
Antony Chege Kibathi v Republic
Court of Appeal at Nairobi
Case law
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Division and case type: CriminalCriminal Appeal
in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there is evidence on record capable of being taken into consideration to sustain the charge. There was overwhelming evidence of P.W.1., P.W.4 and P.W.5.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA 1 Barry Scutt & Another v Hitesh Jethwa & 2 Others High Court of Kenya at Nairobi June 29, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 937 of 2000 June 29, 2000 T Mbaluto, Judge delivered the following ruling. This ruling relates to the issue as to who between the applicants who are the plaintiffs in this suit and the 3rd defendant/respondent should bear the costs of the application filed by the plaintiffs herein.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA ..................................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.
Division and case type: CriminalMiscellaneous Application
is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1. I am, therefore, satisfied that an appeal does lie in the instant case without leave from the decision of the Judge which is sought to be appealed against.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Appeal 629 of 1990 (From Original Conviction and Sentence in Criminal Case No. 645 of 1986 of the Chief Magistrate's Court at Nakuru: I.C.C.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Appeal 629 of 1990 (From Original Conviction and Sentence in Criminal Case No. 645 of 1986 of the Chief Magistrate's Court at Nakuru: I.C.C.
Division and case type: CivilCivil Appeal
matter than the appellate tribunal can be; and the appellate tribunal will generally defer to the conclusion which the trial judge has formed”. LORD WRIGHT, in the course of his speech at p.265, said: “Two principles are beyond controversy.
Division and case type: CivilCivil Appeal
as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.
Division and case type: CivilCivil Appeal
There was no evidence of service of the order 2. Neither the order nor the notice of motion nor any other notice in connection therewith that was served carried an indorsement of penal obligation or consequence.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO 3432 OF 1988 JOSEPH MUTHUSI & 2 OTHERS…………………… APPLICANTS VERSUS WILLIAM GATHOGO & 2 OTHERS …………......... RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.
Division and case type: Milimani Commercial CourtsCivil Case
In objecting to an application filed by Mr. Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That the plaintiff be allowed to nominate his mother Raphaela Njeri Paul Njagi as the transferee of the suit land; (d) That the Deputy Registrar be authorized to sign the transfer documents to effect the registration of Raphaela Njeri Pa
Division and case type: CivilCivil Appeal
I agree with the judgment of Nyarangi JA. The appeal will be allowed with the orders proposed by him.
Division and case type: CriminalCriminal Appeal
Parliament until 1979, when he lost his seat; who would pay them Kshs 36,000 for carrying out that order which was described as ‘the work’. If the prosecution case was accepted there could be no question but that Charles and the second appellant were to be armed with guns when they went to arrest Tenai.