Case law
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Division and case type: CivilCivil Case
…Edward Onyango Oganda, Civil Appeal No.27 of 1992 (unreported), the Court of Appeal said:- "The rule of national justice have no application to a simple contract of employment, unless the parties themselves have specifically…
Division and case type: CivilCivil Case
…It was held by the Court of Appeal that no suit lies against the Government in respect of acts done in the discharge or purported discharge of judicial functions.…
Division and case type: CivilCivil Suit
…The said case of Leary vs National Union of Vehicles Builders was followed by Kneller JA in our Court of Appeal Civil Application NAI 41 of 1986 Teresa Shitaka vs Mary Mwamodo and 4 others (unreported).…
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: CriminalCase number Criminal Application
…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…
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: 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: FamilySuccession Cause
…The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence. Dr.…
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: 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: CivilMiscellaneous Application
…The Attorney -General Nairobi Court of Appeal, Civil Appeal No. 152 of 1986 (unreported said that: "There is a presumption in the interpretation of statutes that rules of natural justice will apply."…
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…
Division and case type: CriminalCriminal Appeal
…It is not clear whether or not the 1st accused in the lower court appealed.…
…The facts of the case as I understand them are as follows:- That on 21.10.1998 at about 6 p.m. four anti-narcotic Police Officers on a tip-off, went to Likoni where they had gotten information drugs were being sold.…
Division and case type: CivilCivil Case
…The Court of Appeal in England dealt with a situation more or less similar to that in the instant case, in the case of Meek –vPort of London Authority (1918) Ch D 96 Swinfen.…
Division and case type: CriminalCriminal Case
…In the case of Rex v Okute s/o Kaliembi and Gadimba s/o Oumo (1941) Vol VII Eastern African Court of Appeals Report p 78, the first appellant and the accused persons who had not appealed had on arresting the deceased taken…
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…
Division and case type: Milimani Commercial CourtsCivil Case
…Ltd & Anor [2005]eKLR, Anyara Emukule, J quoted the following Court of appeal case and stated as follows:- ‘Godfrey Nguno Vs Housing Finance Company Of Kenya Ltd (CIVIL APPEAL NO. 134 OF (1987) Where that court Platt, Apaloo…
Division and case type: Milimani Commercial CourtsCivil Case
…On the issue the case of Githunguri – the Court of Appeal said that:- “This court is a court of law not of morals.” In the case of Fercomelal SARL vs.…
Division and case type: Constitutional and Human RightsElection Petition
…On our own scene the case of Mudavadi v Kibisu & another [1970] E A 585 came before the Court of Appeal sitting at Nairobi.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox ,Nyarangi, JJ.A. and Platt, Ag.J.A.) CIVIL APPAL N0. 83 OF 1984 BETWEEN COMMERCIAL & INDUSTRIAL CREDIT LIMITED ...................…