Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…Court of Appeal, by virtue of order 42 rule 6(4), which ought to be read together with rule 43 of the Court of Appeal Rules.…
…the Court of Appeal.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…On appeal, in Kisumu Court of Appeal Criminal Appeal No. 268 of 2018, the Court of Appeal set aside the death sentence and, on 23rd December, 2024, substituted it with a determinate sentence of 40 years imprisonment. 4.…
…Being dissatisfied with the sentence, he appealed to the Court of Appeal in Kisumu Court of Appeal Criminal Appeal No. 268 of 2018.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…The Applicant being aggrieved by the Judgement and Decree dated 25.09.2014 in the proceedings known as ELDORET ELC NO.499 OF 2014 filed an Appeal before the Court of Appeal which was known as ELDORET COURT OF APPEAL CIVIL…
…In the Judgement and Decree dated 28.06.2019 by the Court of Appeal in ELDORET COURT OF APPEAL CIVIL APPEAL NO. 111 OF 2015, a Judgement was entered in favour of the Applicant hence bestowing him the ownership of the suit…
Division and case type: High Court CriminalConstitution and Human Rights Petition (Civil)
…The Court of Appeal indicated that the sentence was to run from the date of conviction. What the Petitioner now seeks is that this Court reviews the decision of the Court of Appeal.…
…At the helm of the Court system in Kenya is the Supreme Court followed by the Court of Appeal. This Court falls below the Court of Appeal.…
Division and case type: High Court DivCriminal Revision
…He further appealed to the Court of Appeal through Nyeri Criminal Appeal No. 102 of 2014 where the court of appeal upheld the conviction and enhanced the sentence to life imprisonment.…
…However, on a second appeal, the Court of Appeal enhanced the sentence to life imprisonment.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…It was contended that the High Court has the jurisdiction to determine an application for leave to appeal to the Court of Appeal as held in Supreme Court and the Court of Appeal cases.…
…The applicant now seeks leave to appeal to the Court of Appeal against the impugned ruling. Is this court clothed with the jurisdiction to grant leave to appeal to the Court of Appeal?…
Division and case type: High Court CivilCivil Case Miscellaneous
…That the Bill of Costs before the Court of Appeal has not been withdrawn and no order has been made by the Court of Appeal or the taxing master of that court marking the Bill of Costs as withdrawn.…
…, Court of Appeal by a letter.…
Division and case type: Environment and Land CourtCivil Suit
…of Appeal.…
…the Court of Appeal was delivered.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…before the Court of Appeal which was dismissed. 23.…
…I have read the Court of Appeal’s ruling of 15.12.2023. It was concluded as follows: - “39.…
Division and case type: High Court Judicial ReviewJudicial Review
…the Court of Appeal Rules.…
…For the purposes of the latter, an appeal to the Court of Appeal is “deemed to have been filed when under the Rules of that Court notice of appeal has been given”.…
Division and case type: High Court DivCivil Appeal
…proceedings are granted by the Court of Appeal Rules. 4.…
…It is argued that exclusive or proper jurisdiction to grant interim relief pending appeal now resides in the Court of Appeal by dint of Rule 5(2)(b) of the Court of Appeal Rules.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The costs being sought were for work done in the Court of Appeal ii.…
…The bill of costs dated 5th October 2021 should have been filed in the court of appeal for taxation by the deputy registrar of that court as per the third schedule of the court of appeal rules 2022 iii.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…According to the Attorney General, the Court of Appeal ought to have been sued in its own name.…
…Due to this independence, the court cannot make any inference to the effect that Attorney General is sued on behalf of the Court of Appeal. 21.…
Division and case type: High Court FamilyFamily P&A Intestate
…He prayed the Court grant him leave to file an Appeal to the Court of Appeal against whole of the judgement.…
…He reiterated his desire to appeal against the judgement to the Court of Appeal.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…Subsequently, he returned to the Court of Appeal and lodged a notice of withdrawal of the earlier stay application, but the withdrawal has not yet been adopted or recorded by the Court of Appeal. 3.…
…the application at the Court of Appeal remains unadopted.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…Additionally, the Applicant unsuccessfully appealed to the Court of Appeal which upheld both the conviction and sentence.…
…At the helm of the court system in Kenya is the Supreme Court followed by the Court of Appeal. This Court falls below the Court of Appeal.…
Division and case type: High Court DivCivil Appeal
…Ltd & Others [1968] EA 123 (Court of Appeal for East Africa) and Mursal & Another v Manese [2007] eKLR (Court of Appeal of Kenya). 21) On repair costs, he relies on Nkuene Dairy Farmers Co-operative Society Ltd & Another…
…Ltd v West End Distributors Ltd [1969] EA 696 (Court of Appeal for East Africa) and Cimbria (EA) Ltd v Kenya Power & Lighting Co.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Dissatisfied with the court’s decision, the Defendant appealed to the Court of Appeal against the finding.…
…It flies in the face of the unequivocal instruction by the Court of Appeal that additional evidence be obtained.…
Division and case type: High Court DivFamily P&A Testate
…before the Court of Appeal; That leave be granted to the applicant to file an appeal to the court of appeal against the judgment/decree of this court delivered on 18th September 2024; and The costs of this application be…
…The other issue of leave to appeal to the Court of Appeal.…
Division and case type: Environment and Land CourtCivil Suit
…officio of the matter because already the Court of Appeal is seized of the matter with the requisite jurisdiction under Rule 5 (2) (b) of the Court of Appeal Rules to grant the stay of proceedings, stay of execution and…
…Counsel submitted that the Plaintiff having filed a Notice of Appeal in the Court of Appeal, then it is the right court to file an application for stay of proceedings Counsel relied on Rule 5 (2) (b) of the Court of Appeal…