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…There is a plethora of authority on this question in East Africa, many of them conflicting, but in the case of Kamundi v R [1973] EA 540, the Court of Appeal for East Africa set the matter at rest.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, OMOLO & OWUOR, JJ.A) CIVIL APPEAL (APPLICATION) NO. 59 OF 1996 BETWEEN E.A. BUILDING SOCIETY LIMITED ....................................APPELLANT AND A.C.A.…

…As was stated by the Court of Appeal in the case of Issa & Co v Jeraji Produce Store [1967] EA 555, once a cheque has been given based upon some consideration, “then in a suit upon that cheque the court cannot go into the…

…This aspect was adequately addressed by the Court of Appeal in the case of Flora N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be…

…Baskervill {1916}2 KB658 and accepted by the Court of Appeal in R v.…

…in law is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court…

…of Appeal Kisumu Civil Appeal No 122 of 1986.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…She set out the well known principle of circumstantial evidence which the Court of Appeal in SEMEON MBELLE V. R, CR. AP.…

…She set out the well known principle of circumstantial evidence which the Court of Appeal in SEMEON MBELLE V. R, CR. AP.…

…the case of Robert Kinuthia Munqai Vs Republic wherethe Appellant shot the deceased younger man who was violent inorder to immobilise him and the plea of defence of the person andprevention of a felony was upheld by the Court…

…of Appeal.…

…the case of Robert Kinuthia Munqai Vs Republic wherethe Appellant shot the deceased younger man who was violent inorder to immobilise him and the plea of defence of the person andprevention of a felony was upheld by the Court…

…of 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.…

…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.…

…In Embu Public Road Services Ltd. v Riimi [1968] EA 22; the then court of Appeal for Eastern African held among other things that, the duty of a driver is not to drive perfectly but to show that standard of care which a competent…