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…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…The principle upon which the Court orders preliminary point is now trite following Court of Appeal decision in the case of MUKISA BISCUIT MANUFACTURING COMPANY LIMITED vs.…

…The English Court of Appeal in Davis v Browly Corporation [1908] 1KB 170 decided that it did not. This decision criticized by the Privy Counsel in David v Abdul Kadhi [1963] 1 WLR 864.…

…Our Court of Appeal and Mr Justice Kneller ( as he was then ) have decided that an action based on Rylands v Fletcher does not lie when the only injuries is “Economic Loss” (Kenya Ports Authority v KP&L Company Limited (in…

…Guidance as to the attitude that a court should take in such a case was probably described by Law Ag P as he then was, in the East African Court of Appeal case of Patel and Others v Dhanji and Others [1973] EA 301.…

…On High Court case of James Keffa Wagara and Rumba Kinuthia v John Anguka and Gitahi Civil Suit No 724 of 1988, I had extended the application of the judgment of the East African Court of Appeal case of Patel to the internal…

…In the case of Roria v Republic [1967] EA 583 at 584 the Court of Appeal said: “The danger is of course, greater when the only evidence against an accused person is identification by one witness and although no one would…

…The Court of Appeal then quoted with approval the following passage from Abdala Bin Wendo v R [1953] 20 EACA 166 at page 168: “Subject to certain well-known exceptions it is trite law that a fact may be proved by the testimony…

…And a case is deserving if it is found to be within the parameters set by the East African Court of Appeal in Giella v Cassman Brown Co Ltd [1973] EA 358.…

…These words have been echoed with approval in other decisions of both the former Court of Appeal for East Africa and the Court of Appeal for Kenya (see Nsubuga v Mutawe) [1974] EA 487, Abel Salim and Ohters v Okongo & Others…

…That criteria has been expressly approved by both the former court of appeal for Eastern Africa and the present Kenyan Court of Appeal (see for example NSUBUGA –vMUTAWE [1974] E.A. 487, ABEL SALIM & OTHERS –vsOKONGO & OTHERS…

…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…

…In any case, the Court of Appeal came out clearly in Ochieng’s case (supra) that it is undesirable for an accused to be subjected to more than twelve charges at one trial.…

…The Court of Appeal in the case of Jacob Ayiga Maruja & another Vs. Simeon Obayo [2005] eKLR awarded the plainti Kshs. 60,000/-.…

…Further, the Court of Appeal in the case of Capital Fish Kenya Limited v the Kenya Power & lighting Company Limited [2016] eKLR, stated that:- We do not discern from our reading of this decision a departure from the time…

…This was the decision of the court of Appeal in JUVRAJ SHAR v. R. (1986) KLR 605. (iii) whether the appellant might serve the sentence before the appeal is determined.…

…However, the Court of Appeal in C.A NO. 82 of 1998 Daima Bank & Others -vs_ K.H.…

…In the case of Mattaka v Republic (1971) EA 495 the Court of Appeal held that refusal to allow crossexamination of the co-accused will ordinarily result in the quashing of the conviction where the trial court has relied on…

…He said the matterhad even gone to the Court of Appeal, though, as I said earlier, the appeal wasnot heard by the Court of Appeal for reasons which were given by both counseland are on record. Mr.…

…RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended appeal to the Kenya Court…

…of Appeal.…

…RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended appeal to the Kenya Court…

…of Appeal.…

…It may not be quite clear from the current state and form of O 44 on reviews, but would orders sought from this court not be as good as rulings on/of appeals from a court of similar and equal jurisdiction?…

…Muthusi who applied for an adjournment which was refused and along with it, the appeal dismissed, the appeal can be reinstated by reviewing that order, two matters stand out which can better be addressed in the Court of Appeal…

…The Court of Appeal found that such a large quantity of methylated spirit, accompanied by other circumstances was sufficient to justify the sentence appealed against.…

…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.…

…They appealed to the Court of Appeal. The appeal was given a number to wit Court of Appeal Civil Appeal No.92 of 1988.…

…Dealing with the importance of that section, the Court of Appeal consisting of Madan, Kneller JJ A, (as they were then) and Nyarangi said in the case of Peter Karobia Ndengwa v RCA 125 of 1984 at p. 3:- “Section 200 is a…

…It is clear that Mr Magolo violated the statutory protection accorded to the appellants by section 200(3) CPC, and like the judges of the Court of Appeal I would say this was a fatal vacuum in the prosecution’s case.…