Case law
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Division and case type: CriminalCriminal Appeal
…In Patrisi Ozia v R [1951] EA 36 the Court of Appeal for East Africa held that an unsworn statement by an accused cannot be used against another co-accused.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…Shigoli & Another and the Court of appeal Civil Application No. 253/92. I find that the law does not empower the returning officer to extend or vary the time stipulated.…
Division and case type: CivilCivil Case
…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…
Division and case type: CivilCivil Case
…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…
Division and case type: CriminalCriminal Appeal
…She set out the well known principle of circumstantial evidence which the Court of Appeal in SEMEON MBELLE V. R, CR. AP.…
Division and case type: CriminalCriminal Appeal
…She set out the well known principle of circumstantial evidence which the Court of Appeal in SEMEON MBELLE V. R, CR. AP.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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.…
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: 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
…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 Suit
…The Court of Appeal after reviewing the decided cases on the subject held that the principles in the cited cases are the correct principles to be applied to application to set aside consent judgment and or orders.…
Division and case type: CivilCivil Case
…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…