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…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CRIMINAL APPLICATION NO.…

…The phrase “same transaction” was considered by the former Court of Appeal in Rex v Saidi Nsabuga s/o Juma and another (1941) 8 EACA 81 and explained again by the same court in Nathani v R (1965 EA 777).…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Madan , Kneller & Nyarangi JJA) CIVIL APPEAL NO 71 OF 1984 Between MARY NJOKI ................................................................APPELLANT AND JOHN KINYANJUI MUTHERU.…

…It was recognized and accepted by the former Court of Appeal in Hortensiah Wanjiku Yawe v Public Trustee in Civil Appeal No 13 of 1976, and by this court in Mbithi Mulu and Another v Mitwa Mutunga in Civil Application No…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, KWACH & SHAH, JJ.A. CIVIL APPEAL NO. 123 OF 1992 BETWEEN JULIUS WAINAINA MWATHI .............................…

…In Atito v R (1975) e A 278 at page 281 the court of Appeal held:- “What has caused us concern in this case is whether it was established, having regard to the standard of proof in criminal cases, that the appellant was guilty…

…The word “complainant” was considered by the Court of Appeal for East Africa in Martin Nguma and others v Republic (Criminal Appeals No 48 & 69 of 1976 – unreported.…

…This reasoning was recently adopted by the Court of Appeal in the case of Methodist Church in Kenya Trustees Registered & Another v Rev.…

…Jeremiah Muku and Another CA, Civil Appeal No. 233 of 2008 (Unreported), where the Court of Appeal observed, “As the Privy Council said, it is only in rare cases that an error in the judgment or order of a court can constitute…

…Ondieki, one of the counsel for the 1st Respondent told the court that the other counsel for the 1st Respondent was before the Court of Appeal for the hearing of Civil Application no.…

…Kibe was before the Court of Appeal. They agreed to have the application heard on 16/6/2011 and it was heard then and continued on 21/06/2011 and Ruling was scheduled for 21/7/2011.…

…DYNAMICS ENGINEERING Ltd. [1982-88] 1 KAR 1001in which it was held by the Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: AKIWUMI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…

…In Shiani v Rep [1972] EA 557 it was held by the Court of Appeal that it was not for the prosecutor to tell the court of his views as to the seriousness of the offence.…

…The need for caution was reiterated by the Court of Appeal for Eastern Africa in the case of Abdalla Bin Wendo – vs – Republic 20 EACA 166 at page 168 where it was stated thus: “Subject to certain well known exceptions it…

…The contractor was also deemed to have entered into a contract similar to the one entered herein with the sub-contractor and when the representative of the employer in that case refused to approve a certificate, the Court…

…of Appeal decided that the subcontractor had a right to use the name of the main contractor in invoking the arbitration clause as the sub-contractor, called Crown would have suffered an injustice in the circumstances of…

…The Court of Appeal considered the sickness of the debtor but conned itself to the words of the statute “signed by him”.…

…My Lords, on 15th February, 1994, the Judgment of the Court was delivered under rule 32 (5) of the Court of Appeal Rules, allowing the appeal against the Election Court’s decision rejecting the appellant’s preliminary point…

…If it relates to the wrongful admission or exclusion of evidence the Court Appeal will consider the probable effect of the minds of the jury of that evidence.”…

…This opinion of the learned authors receives support from the following portion of the judgment of the Court of Appeal for Eastern Africa in Pius Jasanga s/o Akumu v R (1954) 21 EACA 331 at 333: ‘In Kenya the admissibility…

…in law is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court…

…of Appeal Kisumu Civil Appeal No 122 of 1986.…

…In Tayab’s case the Court of Appeal reduced an award of Kshs 750,000 to Kshs 300,000.…

…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…

…This jurisdiction is one which, as the Court of Appeal for East Africa observed in Giella vs Cassman Brown Ltd [1975] EA 358 must be exercised judicially and in accordance with the well known principles.…