“"first appeal"” — court decisions

Judgment[2010] KECA 4018 November 2010

Ali Ahmed Naji v Lutheran World Federation

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…On October 26, 1981 Masime J dismissed the appellant’s first appeal from the decision of the resident magistrate with costs. He said the facts in the matter before him were very simple.…

…It is, in the circumstances, apparent that the learned judge misdirected himself on that point as alleged in the first ground of appeal.…

application is dismissedDismissed28 min read

Judgment[2009] KECA 4319 November 2009

Adbulhakim Mohamed Hassan Hussein v Republic

Court of Appeal at NairobiJudge superior Court,JUDGE APPEAL,Jane Wasike Simiyu,Kwengu,KaigaiCase number Criminal Appeal 36 of 2008

Division and case type: CriminalCriminal Appeal

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…

13 min read

Judgment[2011] KECA 188 December 2011

Abdullahi Osman Mohamed v Republic

Court of Appeal at NairobiJUDGE APPEAL,Abdi Mumin Abdile,Ratemo Oira,Monda,Oira,Farah Omar Matan PW,Murish Mohammed Ellmi,Abdi Mumia Abdile,Kennedy Amohaya Wanyonyi PWCase number Criminal Appeal 457 of 2007

Division and case type: CriminalCriminal Appeal

…What is before us is a first appeal. During the hearing the appellant was represented by Mr. Ratemo Oira Advocate while the State was represented by Mr. Monda, Principal State Counsel.…

13 min read

Judgment[2009] KEHC 56819 November 2009

Maseno v Deasons

High Court at KisiiMogire,Ajuoga,She,Kisera,Bosire HB Mr,BosireCivil Suit 36 of 2008

Division and case type: CivilCivil Suit

Appeal upheldAllowed13 min read

Judgment[2009] KEHC 418418 November 2009

In Re Harrison Mwicharo Githogori (Presumed Deceased) [2009] KEHC 4184 (KLR)

High Court at Nairobime is an Originating Summons dated,HARRISON MWICHARO GITHOGORICase number Children Miscellaneous Application 36 of 2008

Division and case type: CivilMiscellaneous Application

13 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…The learned Chief Justice’s finding on the first appeal had in effect been that the goods were subject to inherent vice and it was for this reason that Law JA went on to hold that it would be unjust for the plaintiffs to…

…The first ground of appeal accordingly fails.…

28 min read

Judgment[1983] KECA 12123 May 1983

M’Ikiara M’Mukanya & another v Gilbert Kabere M’Mbijiwe

Court of Appeal at NairobiJudge erred LawCase number Civil Appeal 13 of 1980

Division and case type: CivilCivil Appeal

…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 who dismissed with costs the first…

…appeal of M'Kiriara M'Mukanya (M'Mukanya) and Sebastiano Nyamu (Nyamu) from a judgment of January 25, 1979 of the then Senior Resident Magistrate at Meru in favour of Gilbert Kabeere M'Mbijiwe (M'Mbijiwe).…

24 min read