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…OF APPEAL AT KISUMU CIVIL APPEAL 125 OF 1985 JO NYARANGI, HG PLATT & JM GACHUHI, JJA MARCH 28, 1988 BETWEEN HENRY MUKHWANA KWEMULI ......................................................…

…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…

…Ekaita v Republic (Criminal Appeal 25 of 1994) [1994] KECA 107 (KLR) (23 June 1994) (Judgment) Nebart Ekaita v Republic [1994] eKLR Neutral citation: [1994] KECA 107 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU…

…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: OMOLO, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 49 of 1995 JOSEPH BOKE MATAIGA ......………..………………...APPELLANT AND REPUBLIC……………………..................................…

…Commissioner Kisumu & another (Civil Appeal 27 of 1989) [1989] KECA 50 (KLR) (19 June 1989) (Judgment) Ako v Special District Commissioner Kisumu & another [1989]eKLR Neutral citation: [1989] KECA 50 (KLR) REPUBLIC OF KENYA IN THE COURT…

…OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller, Hancox & Nyarangi, JJ.A.) CIVIL APPEAL NO. 93 OF 1985 BETWEEN 1. JOHN ONYANGO 2. JAVAN O.…

…REPUBLIC OF KENYA Amigo v Republic Court of Appeal, at Kisumu June 21, 1985 Hancox JA, Platt & Gachuhi Ag JJA Criminal Appeal No 175 of 1984 (Appeal from the High Court at Kisumu, Schofield J) June 21, 1985, Hancox JA, Platt…

…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Kneller & Hancox JJA & Chesoni Ag JA) CRIMINAL APPEAL NO 38 OF 1983 BETWEEN ELIAS APUDHO ODHOWO SIMON NYAMAI LUCAS ODHIAMBO AUGUSTINO OMONDI ………………………………………………..…

…IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High…

…Adverse possession does not start until the date of possession with permission (which usually follows a sale of land) expires Civil Appeal No 10/1982 Wambugu vs Kamau Njuguna reported in decisions of the Court of Appeal for…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…REPUBLIC OF KENYA Okhwatenge v Republic Court of Appeal, at Kisumu March 13, 1991 Hancox CJ, Gachuhi & Cockar JJ A Criminal Appeal No 96 of 1990 (Appeal from a Judgment of the High Court of Kenya at Kakamega (Mbogholi - Msagha…

…is as follows: The first Appellate Court is under a duty to resolve any discrepancies or conflicts in the evidence at the trial and to decide the issues raised as failure to discharge this duty makes it difficult for the Court…

…IN THE COURT OF APPEAL AT KISUMU (CORAM: PLATT, GACHUHI AND APALOO, JJ.A.)…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…It is not clear from the record if the Applicant pursued the appeal to the Court of Appeal. Suffice for this court to state that the Applicant in yet another application before this court pursued the issue of costs.…

…(Attorney General v Joseph Wanjira, Court of Appeal CA No 45 of 1982). I am asked to open a new vista of jurisprudence in determining factors to be taken into account whilst assessing damages.…

…All that I would say, having regard to recent decisions of the Court of Appeal, that “in cases in which there are Kenya decisions on the point, in which the main essentials bear comparison with the facts of the one before…

…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.…

…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…