Judgment[2017] KECA 121
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KOOME, OKWENGU & KANTAI, JJ.A.) CIVIL APPEAL NO. 292 OF 2014 BETWEEN AGGREY CHITERI…………………….........................APPELLANT AND REPUBLIC OF KENYA……....…..…………………..…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No.
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: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.) CRIMINAL APPEAL NO. 10 OF 1994 BETWEEN ELIZABETH NGELELE JOHN MULI MUNYAO KIOKO MBULA SAA MUSYOKA KILONZO.....................................................APPELLANTS AND REPUBLIC................................................................................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: CivilCivil Appeals numbered
& 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. For record purposes the applicant in both applications before me is the same party, that is, Machakos Ranching Company Limited but the respondents are different.
Division and case type: CivilCivil Appeal
IN THE COURT OF 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 of the High Court of Kenya at Machakos (Honourable Mr.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High Court of Kenya at Machakos (Justice Osiemo) delivered on 29th November, 1995 IN H.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA, JJ.A & BOSIRE Ag. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High Court of Kenya at Machakos (Justice Osiemo) delivered on 29th November, 1995 IN H.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA JJ.A & BOSIRE AG. 5 of 1995 BETWEEN MR MUTEMI SHADRACK K.
Division and case type: CriminalCriminal Appeal
pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.
Division and case type: CivilCivil Appeal
was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.
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...................................................................RESPONDENT (Appeal from an order of the High Court of Kenya at Kakamega (Justice Osiemo) dated 14th October, 1992 in CRIMINAL APPEAL NO.
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 ……….....……….. APPELLANT AND REPUBLIC ………..………………………….… 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: CivilCivil Case
Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.
Division and case type: CivilCivil Appeal
IN THE COURT OF APPEAL AT KISUMU (Coram: Platt, Apaloo JJA & Masime Ag JA) CIVIL APPEAL NO. 170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 141 OF 1986 BETWEEN JOHN MBURU KINYANJUI.................................. APPELLANT AND REPUBLIC..................................................................
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI, & APALOO, JJ.A.) CRIMINAL APPEAL NO. 24 OF 1987 BETWEEN GEORGE OBEWA ………............…APPELLANT AND REPUBLIC ….………….........…..RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisumu, (Mr.
Division and case type: CivilCivil Appeal
For all the foregoing reasons, then, I would allow the appeal, I would set aside the learned judge’s order striking out the winding up petition and I would order that the petition should proceed to hearing subject to the Rules being complied with. I would not make any order regarding prayer five in the memorandum of appeal as regards the proposed further advertisements, and I agree that the notice of grounds for affirming the decision should be dismissed.