Case law
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Division and case type: CivilCivil Appeal
…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…
…Kemfro Africa v Olive Lubia Civil Appeal 21 of 1984 16.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL APPEAL NO. 87 OF 1994 WILLIAM MAKERE KENES...........................................................APPELLANT VERSUS REPUBLIC..............................…
…Being aggrieved with that decision he has now appealed to this Court on 4 grounds of appeal namely; That the learned Resident Magistrate erred in law in convicting the appellant when the plea was not unequivocal, the learned…
Division and case type: Constitutional and Human RightsElection Petition
…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…
…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…
Division and case type: CriminalCriminal Appeal
…Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.…
…This ground alone merited the appellant’s appeal to be admitted to hearing in the superior court. Summary rejection of that appeal was therefore wrong.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.)…
…CRIMINAL APPEAL NO. 155 OF 1988 BETWEEN DAN OLOGI...............................................APPELLANT AND REPUBLIC................................................RESPONDENT (Appeal from an order of the High Court of Kenya…
Division and case type: Constitutional and Human RightsElection Petition
…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…
…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…
Division and case type: CriminalCriminal Appeal
…Shiundu - PM) RULING Before this Court is a second application for bond pending appeal expressed to be brought under section 357 of the Criminal Procedure Code.…
…The grounds are that the appellants have appealed from the decision and Judgment of Hon. Shiundu Principal magistrate delivered on 21st March, 2013.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 4 OF 1988 C M S………………….....…..…. APPELLANT VERSUS S W S……..…………….……..…
…RESPONDENT (Appeal from the Judgment of the Senior Resident Magistrate’s Court at Eldoret (BN Olao Esq RM) in Civil Civil Suit No 18 of 1987) JUDGMENT This is an appeal from the decision of the Resident Magistrate Eldoret…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 11 OF 1992 SECURICOR COURIER (K) LTD………....…. APPELLANT VERSUS OWINO……………………………………..…
…The appellant applied that this judgment be set aside but the learned Resident Magistrate dismissed the application on 17th March 1992, hence the present appeal.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Civil Appeal 119 of 1995 SAMWEL MWAURA..............................................................…
…Being aggrieved with that decision the appellant has appealed to this court citing 8 grounds of appeal namely that the learned trial magistrate erred in law in assuming that the claim was for Kshs.11,000.00 instead of 4,000…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL APPEAL NO 6 OF 1987 CHELELGO LIMO …………………………….... APPELLANT VERSUS COMMISSIONER OF LANDS…….………….…
…In the circumstances, therefore, I have no alternative but to dismiss this appeal with 1/2 costs to the respondent. Dated and Delivered at Eldoret this 10th Day of August, 1990 D.K.S. AGANYANYA ……………… JUDGE…
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…
…that there are grounds of appeal which merit serious judicial consideration but where the order from which it is sought to appeal was made in exercise of a judicial discretion, a rather stronger case will have to be made…
Division and case type: CivilMiscellaneous Civil Application
…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…
…, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: CivilCivil Case
…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…
…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…
Division and case type: CivilCivil Case
…Being aggrieved with that order the appellant appealed to this court citing 4 grounds of appeal namely that the learned senior Resident Magistrate erred in law and in fact in failing to find that the plaintiff contributed…
…They cannot raise it now as this court cannot call for that evidence on appeal.…
Division and case type: CivilCivil Suit
…It is correct as stated by Mr Chebseba in his cross examinations and as evidenced by the exhibits exhibited that they had full instructions, after entry of consent they were advised to appeal against the consent or negotiate…
…On appeal it was held inter alia that there was no ground for setting aside the counsel order for a consent order whether interlocutory or final must be given full contractual effect and could only be set aside on grounds…