Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 31 OF 1987 VIRGINIA EDITH WAMBUI OTIENO..…….………APPLICANT VERSUS JOASH OUGO & ANOTHER………….…......…RESPONDENT RULING.…
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & SHAH, JJ.A.) CIVIL APPEAL NO. 62 OF 1993 BETWEEN CARTER & SONS LTD...................................................................APPELLANT AND 1.…
…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) (CIVIL APPLICATION NO.…
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 ...............................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, OMOLO & AKIWUMI, JJ.A. CIVIL APPLICATION NO.…
…Justice Shields) dated 5th October 1993 in CIVIL CASE NO. 1800 OF 1990 (0.S.)) ************ RULING OF THE COURT This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
Division and case type: CriminalCase number Criminal Application
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GITHINJI, MWILU & ODEK, JJ.A) CRIMINAL APPEAL NO. 54 OF 2015 BETWEEN ABDI YUSUF MAALIM …………………………………………………………………….APPELLANT AND REPUBLIC …………………………………………………………………………..……… RESPONDENT…
…In the case of Arum v Republic, Court of Appeal at Kisumu Criminal Appeal no. 85 of 2005, it was held that the doctrine of recent possession is applicable where the court is satisfied that the prosecution have proved the…
Division and case type: CivilCivil Appeal
…NO. 263 OF 1995 *********************** JUDGMENT OF THE COURT These two appeals have been consolidated and heard together under rule 100 of the Court of Appeal Rules. Jackline Mueni Nzioka, the appellant in C.A.…
…Ltd., which was binding on the Court of Appeal for East Africa, that dependency is a question of fact.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. 122 OF 1994 BETWEEN G. B. M. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.…
…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…
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.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OWUOR, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…
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 …………………………….…….…
…The Court of Appeal in England in the case of Cozens v North Devon Hospital Management Committee [1966] 2 All ER 799, held that althought it was a general principle in regard to ex parte orders that the party affected by…
Division and case type: CivilCivil Appeal
…Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th…
…The appellant, feeling aggrieved by the decision of the High Court, appealed to the Court of Appeal contending on the main that time was of essence to the sale contract and that by the completion date the balance of the purchase…
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.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo & Tunoi JJ A ) CIVIL APPLICATION NO. NAI 264 OF 1993 (NAI 114/93 UR) BETWEEN 1. NYAMODI OCHIENG NYAMOGO 2. MICHAEL S.G.…
…to show cause why they should not be punished for contempt of the Court of Appeal for refusing to obey the orders of the said Court.…
Division and case type: CivilCivil Appeal
…AKIWUMI ……………………… JUDGE OF APPEAL IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH, JJ.A. & BOSIRE AG.J.A.)…
…The court of Appeal in England in the Cozens vs.…
Division and case type: CivilCivil Case
…Section 5 of the Act confers on the High Court and the Court of Appeal. “...........the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice in England ............”…
Division and case type: CivilCivil Case
…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL 8 & 19 OF 1986 BETWEEN MAINA & 3 OTHERS ..............................................APPELLANTS AND REPUBLIC..........................…
…The court allowed the appeal of the 2nd, 3rd and 4th appellants on counts 1, 3 and 4 quashed their convictions and set aside their sentences.…