Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, KWACH & SHAH, JJ.A. CIVIL APPEAL NO. 123 OF 1992 BETWEEN JULIUS WAINAINA MWATHI .............................…
Division and case type: CivilCase number Civil Application
…IN THE COURT OF APPEAL AT NAIROBI CORAM: AKIWUMI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…
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: CivilCivil Appeal
…The Court of Appeal considered the sickness of the debtor but conned 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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: HANCOX JA, CHESONI & PLATT Ag JJA) CIVIL APPEAL NO. 10 OF 1983 MWANGI MURAGURI…………...…………………… APPELLANT VERSUS KAMARA RUKENYA……………………………… RESPONDENT JUDGMENT The issue for the magistrate…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH, O'KUBASU & KEIWUA, JJ.A CIVIL APPEAL NO. 63 OF 2001 BETWEEN 1. JASBIR SINGH RAI 2. IQBAL SINGH RAI 3. DALJITI KAUR HANS 4.…
…of Appeal in England in the case of Re Saul D Morrison & Sons plc [1995] 1 BCLC 14.…
Division and case type: CivilORIGINATING SUMMONS
…Shigoli & Another and the Court of appeal Civil Application No. 253/92. I find that the law does not empower the returning officer to extend or vary the time stipulated.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI CRIMINAL APPEAL NO 137 OF 1986 Between ISAACK NJENGA ALIAS KANIU ...............................1ST APPELLANT ARMSTRONG NDUNGU KAMINDA .........................2ND APPELLANT WAHINDU GATUNE…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Gicheru & Kwach JJ A ) CIVIL APPEAL NO. 132 OF 1993 BETWEEN 1. LALI S. LALI 2. FAQIK K. SKEKUWE 3. KHALID B. MBERE 4.…
Division and case type: CivilCivil Appeal
…Kanji v Agriquip Agencies (EA) Ltd Court of Appeal, at Nairobi February 20, 1984 Potter, Kneller JJA & Chesoni Ag JA Civil Appeal No 55 of 1982 Commercial Instruments - promissory notes - bills of exchange - cheques - definition…
…Later, another bench of the Court of Appeal held that this would be where there was ‘a very real issue’ to be tried between the parties.…
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.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Platt, Gachuhi & Masime JJA) CIVIL APPEAL NO 38 OF 1986 Between KIMAKIA CO-OPERATIVE SOCIETY ........................APPELLANT AND GREEN HOTEL.....................................…
Division and case type: Anti-CorruptionCivil Appeal
…1993) (Judgment) King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Division Ltd & another v M/s Kaplan & Straton Advocates [1993] eKLR Neutral citation: [1993] KECA 57 (KLR) REPUBLIC OF KENYA IN THE COURT…
…OF APPEAL AT NAIROBI CIVIL APPEAL 55 OF 1993 MG MULI, JA DECEMBER 16, 1993 BETWEEN KING WOOLEN MILLS LTD (FORMERLY KNOWN AS MANCHESTER OUTFITTERS SUITING DIVISION LTD) ..................................... 1ST APPELLANT…
Division and case type: CivilCivil Appeal
…We were invited to examine the entire evidence as the House of Lords did in I Congresso del Partido, [1981] 2 ALL E.R. 1064 (H.L.) and also as was done by the English Court of Appeal in The Evpo Agnic, [1988] WLR 1090 and…
…After we heard the appeal the court was of the unanimous view that the appeal should be allowed and we did so reserving our reasons. I now give my reasons for judgement.…
Division and case type: CivilCivil Appeal
…Mungai [1995] eKLR Neutral citation: [1995] KECA 165 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL 85 OF 1990 AM AKIWUMI & AA LAKHA, JJA OCTOBER 18, 1995 BETWEEN GK MACHRIA .......................…
Division and case type: CivilCivil Appeal
…Yalwala v Indumuli & another (Civil Appeal 69 of 1987) [1989] KECA 51 (KLR) (14 March 1989) (Judgment) Yalwala v Indumuli & another [1989] eKLR Neutral citation: [1989] KECA 51 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
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: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAKURU (CORAM: HANCOX, NYARANGI JJA & PLATT Ag JA) CIVIL APPEAL NO. 79 OF 1982 BETWEEN DAVID STEPHEN GATUNE........................................APPELLANT AND THE HEADMASTER, NAIROBI TECHNICAL…
Division and case type: CivilCivil Appeal
…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
…In the early case of Chatenay v Brazilian Submarine Telegraph Co [1891] 1 QB 79 the Court of Appeal was called upon to consider a power of attorney executed by the plainti in Brazil, in the Portuguese language directed to…