Case law
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Division and case type: CivilCivil Suit
…Civil suit No 1038 of 1974 JUDGMENT OF KNELLER, J A We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of…
…the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai (the respondent) on March 18 1982 because the respondent has failed to file his appeal within…
Division and case type: CivilCase number Civil Application
…That was within the time allowed by rule 74 of the Court of Appeal Rules. The record would have to be lodged within 60 days of September 24, 1986 namely November 23, 1986. Two further steps were required by the rules.…
Division and case type: CriminalCriminal Appeal
…Since the hearing of this appeal, Justice Masime has died, and this judgment has been given under rule 32(2) of the Court of Appeal Rules. Dated and Delivered at Nairobi this 30th Day of June, 1993 J.E.…
Division and case type: Constitutional and Human RightsElection Petition
…After a full and comprehensive review and consideration a bench of 5 (five) Judges of the Court of Appeal ruled that rule 14 is inconsistent with section 20(1)(a) of the Act and therefore the rule has to give way to the provisions…
…in the Court of Appeal rules but outside 30 days prescribed under the Act.…
Division and case type: CivilCivil Appeal
…The appellant applied to this court under rule 5(2)(b) of the Court of Appeal Rules in Civil Application No 69 of 1986 praying that the court be pleased to grant an injunction pending the hearing of the intended appeal against…
…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…
Division and case type: CivilCivil Appeal
…NO. 263 OF 1995 *********************** JUDGMENT OF THE COURT These two appeals have been consolidated and heard together under rule 100 of the Court of Appeal Rules. Jackline Mueni Nzioka, the appellant in C.A.…
Division and case type: CivilMiscellaneous Application
…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…
…It took a little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court…
Division and case type: CivilCivil Suit
…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…
…It took a little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court…
Division and case type: CriminalCriminal Appeal
…uphold the conviction of the appellant for the offence charged, but reduce the sentence to 20 years imprisonment with effect from the date of the sentence. [27] This judgment has been delivered in accordance with Rule 32(2) of…
…the Court of Appeal Rules, Githinji JA having ceased to hold office by virtue of retirement.…
Division and case type: CivilCivil Appeal
…The application was brought under rule 44(1) of the Court of Appeal rules, and was first heard by Gachuhi, JA in chambers.…
Division and case type: CivilCivil Appeal
…October, 1993, seeking for the committal of the three respondents for contempt of the court and we also declare the order dated 8th October, 1993, granted in Civil Application NAI 204 of 1993 to be discharged under rule 56(2) of…
…the Court of Appeal Rules.…
Division and case type: CivilCivil Appeal
…The following considered judgments were read pursuant to subrule (5) of Rule 52 of the Court of Appeal Rules: KNELLER JA: This is a second appeal and one from a decision of the High Court (Cockar J) at Nyeri of July 10, 1979…
Division and case type: CivilCivil Appeal
…The advocates for the respondent did not give a full and sufficient address for service to the registry or the appellant as rule 87 of the Court of Appeal Rules requires him to do.…
Division and case type: CivilCivil Appeal
…memorandum containing seven main grounds of appeal and numerous subsidiary grounds the learned judge’s decision, together with one matter contained in the notice of grounds for affirming the decision, filed under rule 91(1) of…
…the Court of Appeal Rules, namely that the petition should have been dismissed for lack of compliance with rule 23 of the Companies (Winding Up) Rules in relation to the advertisement of the petition.…
Division and case type: CivilCivil Appeal
…Sakina and Mustafa Kibet were dissatised with that decision and they appealed to this court, having in the meantime obtained an order of stay of execution under rule 5(2) (b) of the Court of Appeal Rules. 12.…
Division and case type: CivilCivil Appeal
…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…