Case law
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Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Cockar, Omolo & Akiwumi JJ A) CRIMINAL APPEAL NO 115 OF 1991 GICHANGA ……………….….APPELLANT VERSUS REPUBLIC…………………..RESPONDENT (Appeal from a conviction and sentence judgment order or…
…It follows that there is no right of appeal to this Court on a matter of fact or what is regarded as such.…
Division and case type: CivilMiscellaneous Application
…The Attorney -General Nairobi Court of Appeal, Civil Appeal No. 152 of 1986 (unreported said that: "There is a presumption in the interpretation of statutes that rules of natural justice will apply."…
Division and case type: CivilCivil Case
…The Court of Appeal in England dealt with a situation more or less similar to that in the instant case, in the case of Meek –vPort of London Authority (1918) Ch D 96 Swinfen.…
Division and case type: Milimani Commercial CourtsCivil Case
…Ltd & Anor [2005]eKLR, Anyara Emukule, J quoted the following Court of appeal case and stated as follows:- ‘Godfrey Nguno Vs Housing Finance Company Of Kenya Ltd (CIVIL APPEAL NO. 134 OF (1987) Where that court Platt, Apaloo…
Division and case type: Milimani Commercial CourtsCivil Case
…On the issue the case of Githunguri – the Court of Appeal said that:- “This court is a court of law not of morals.” In the case of Fercomelal SARL vs.…
Division and case type: Constitutional and Human RightsElection Petition
…On our own scene the case of Mudavadi v Kibisu & another [1970] E A 585 came before the Court of Appeal sitting at Nairobi.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox ,Nyarangi, JJ.A. and Platt, Ag.J.A.) CIVIL APPAL N0. 83 OF 1984 BETWEEN COMMERCIAL & INDUSTRIAL CREDIT LIMITED ...................…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Akiwumi & Tunoi JJ A ) CIVIL APPEAL NO. 60 OF 1993 BETWEEN ROCKLAND KENYA LIMITED.....................................................APPELLANT AND ELLIOT WHITE MILLER...…
…In the English Court of Appeal case of Town and County Building Society v Daisystar Ltd and another Times Law Report, October 16, 1989, which was a matter relating to a Mareva injunction, Lord Justice Farquharson had this…
Division and case type: CivilCivil Appeal
…Kaittany & another v Wamaitha (Civil Appeal 108 of 1995) [1995] KECA 2 (KLR) (21 August 1995) (Judgment) Sakina Sote Kaittany & another v Mary Wamaitha [1995]eKLR Neutral citation: [1995] KECA 2 (KLR) REPUBLIC OF KENYA IN THE COURT…
…OF APPEAL AT NAIROBI CIVIL APPEAL 108 OF 1995 AA LAKHA, JE GICHERU & RO KWACH, JJA AUGUST 21, 1995 BETWEEN SAKINA SOTE KAITTANY ............................................................. 1ST APPELLANT MUSTAFA KIBET KAITTANY…
Division and case type: CriminalMiscellaneous Criminal Application
…Nevertheless the Court of Appeal Judges in Manyenye’s case and the High Court Judges in Koinange Mbiu’s case, decided that no prejudice had been caused by the omissions.…
Division and case type: CriminalCriminal Appeal
…The court of Appeal in Kamau v Rep [1975] EA 139 at p 140 quoted from Abdalla bin Wendo v R (1953) 20 EACA 166:- “Subject to certain exceptions it is trite law that a fact may be proved by the testimony of a single witness…
Division and case type: CivilCivil Case
…The Court of Appeal concluded that the developers and the builders owed a duty of care to prospective buyers to examine with reasonable care, the land (including adjoining land) in order to see whether the site was one on…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kwach, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. 99 OF 1994 BETWEEN 1. JOHN MWANGI KING'ORI 2. ALI MWANZI 3. HESBON NGANYI 4. ALEX MAGELO 5.…