Case law
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Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 96 OF 1984 Between ORUTA & ANOTHER ...................................................APPELLANT AND NYAMATO.........................…
…The procedure in cases of limitation as discussed in Cozen v North Devon Hospital Management Committee: Hunter v Tarness (Soham) Ltd [1966] 2 AER 276 a decision that was upheld by the Court of Appeal at page 280 letter F…
Division and case type: FamilySuccession Cause
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…
…Shah) delivered on 30th June, 1994 in H.C.C.C SUCCESSION CAUSE NO. 975 OF 1993 ******************** RULING OF THE COURT An appeal does not lie to this Court in this matter without the leave of the superior court.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Apaloo JJA & Kwach Ag JA) CIVIL APPEAL NO 153 OF 1987 WANJIRU MUTANDUKI..........................APPELLANT VERSUS GATUI....................................................…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CRIMINAL APPEAL NO 22 OF 1987 MWANGI …………………….APPELLANTS VERSUS REPUBLIC…………….…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL, AT NAIROBI (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO. 38 OF 1985 KARANJA …………………………………………………….APPELLANT VERSUS INTER CONTINENTAL HOTEL & ANOTHER….......…..RESPONDENTS JUDGMENT This is an…
…Before considering any special principles which apply to the present case, it is necessary to bear in mind the normally accepted grounds on which Court of Appeal may interfere with the assessment of damages.…
Division and case type: GeneralUnclassified
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd .................... Applicant AND 1.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram:Nyarangi, Platt & Apaloo JJA) CRIMINAL APPEAL NO. 159 OF 1984 BETWEEN 1. ALEXANDER NYACHIRO MARUBE 2.…
…The second authority, to the like effect, is the judgment of the English Court of Appeal, Criminal Division, in R v Tunbull and others, [1976] ALL ER 549.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. 122 OF 1994 BETWEEN G. B. M. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.…
…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…
Division and case type: GeneralORIGINATING SUMMONS
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 112 of 1995 GERALD MBALE MWEA ……………................................................ …………………………..APPELLANT AND KARIKO KIHARA GICHOMO KIHARA ………………………
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 163 OF 1997 (NAI.65/97 UR) BETWEEN KENYA NATIONAL CAPITAL CORPORATION ..................…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…the Court of Appeal where the Court of Appeal’s decision has violated a citizen’s fundamental rights and freedoms; (ii) That the Learned Judge erred in finding that the appellant was granted a fair hearing by the Court of…
…Indeed, the letter from the Deputy Registrar, High Court to the Deputy Registrar, Court of Appeal acknowledged that the charge sheet in the record of appeal at the Court of Appeal was different and proceeded to issue the…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO. 18 OF 2003 ALI AHMED NAJI ……………………………..……………..…
…Suit No. 1754 of 2000) ************************ JUDGMENT OF THE COURT The appeal and the cross-appeal before the Court arise from the judgment and decree of Ang'awa, J dated the 23rd January, 2002.…
Division and case type: Constitutional and Human RightsPetition
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Platt, Gachuhi & Apaloo JJA) CRIMINAL APPEAL NO 182 OF 1986 BETWEEN MORGAN NDUNGU................................................…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Gachuhi, Masime JJA & Kwach Ag JA) CRIMINAL APPEAL NO 78 OF 1988 BETWEEN KARATON OLE LESARAU......................................…
…In the well known case of Abdallah Bin Wendo v R 20 EACA 166, the Court of Appeal said at p. 168: “The learned judge was impressed by the demeanour of Magondo in the witness box and thought him an honest witness.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CIVIL APPEAL NO. 64 OF 1985 PATEL …………….…..............…….APPELLANT VERSUS SINGH ………..……………….....…..DEFENDANT JUDGMENT This appeal is based on the…