Case law
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Division and case type: CivilCivil Appeal
…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…
…This application for extension of time within which to appeal was not filed until the 22/10/96.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NAKURU (Coram: Gicheru, Muli & Omolo JJ A) CRIMINAL APPEAL NO 68 OF 1993 JATANI……………….… APPELLANT VERSUS REPUBLIC……………RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya…
…In the circumstances therefore, we allow his appeal, quash his conviction one each of the three counts preferred against him and set aside the sentences in respect thereof.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Madan Ag CJ, Nyarangi JA & Platt Ag JA) CRIMINAL APPEAL 55 OF 1986 BETWEEN MAGHENDA...................................................APPELLANT AND REPUBLIC.......................…
…The appellant’s appeal to the High Court was dismissed summarily under section 352(2) of the Criminal Procedure Code (cap 75). This a second appeal.…
Division and case type: CivilCivil Appeal
…On the other hand, it is necessary for appeals to be properly instituted.…
…Patel’s decision resulted in a preliminary decree, which could not be the subject of a mere cross-appeal. It should have attracted its own appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, J A Chesoni and Platt, Ag JJ A) CRIMINAL APPEAL NO 99 OF 1983 BETWEEN 1. BENSON MOENGA NYAGWECHA)………………………………..APPELLANT 2.…
…This is now a second appeal on matters of law.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 119 of 1996 BAMBURI PORTLAND CEMENT COMPANY LIMITED……................................... …...APPELLANT AND MRS.…
…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…The third ground and the major one is that the applicant’s appeal has overwhelming chances of success.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Court of Appeal at Nyeri Criminal Appeal 116 of 2008 AGNESKASYOKA IBRAHIM...............................................................APPELLANT AND REPUBLIC …...........................................…
…This appeal is against both that conviction and sentence. 2. In the three grounds of appeal in hersupplementary memorandum of appeal, the appellant has raised three points.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Masime JA, Gicheru & Kwach Ag JJA) CIVIL APPEAL NO 57 OF 1985 BETWEEN NEW TYRES ENTERPRISES LIMITED.......................................…
…At the commencement of this appeal, Mr Omesh Kapila, learned counsel for the appellant, very wisely abandoned the second ground of appeal and made submissions only in relation to the first ground.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, KWACH & SHAH, JJ.A. CIVIL APPEAL NO. 123 OF 1992 BETWEEN JULIUS WAINAINA MWATHI .............................…
…This ground of appeal accordingly fails and is dismissed.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CRIMINAL APPEAL 64 OF 1994 FESTUS WANJOHI GITHENDU………………….................................. …………………..APPELLANT AND REPUBLIC………………………............................…
…....…………………….. ……………..RESPONDENT (Appeal from a sentence of the High Court of Kenya at Nairobi (Mr.…
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…
…Accordingly, I also think we should make no order as to costs on this appeal. Dated and Delivered at Nairobi this 1st Day of July, 1987 J.O. NYARANGI ……………… JUDGE OF APPEAL J.M GACHUHI ………………….…
Division and case type: CivilCivil Appeal
…The appellants not being satisfied with the learned Judge's ruling have appealed against it. Mr.…
…We see no merit in this appeal. We cannot fault the learned Judge in having set aside the ex-parte interlocutory judgment. This appeal is dismissed with costs.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI………………………..…
…filed a Memorandum of Appeal containing the following grounds of appeal:- 1.…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT NYERI (CORAM: HANCOX CJ, NYARANGI JA, COCKAR Ag JA) CRIMINAL APPEAL NO 133 OF 1989 KIMURI………………………..…
…filed a Memorandum of Appeal containing the following grounds of appeal:- 1.…
Division and case type: CivilCivil Appeal
…At the hearing of the appeal Mr. Kiage appeared for the appellant. We must commend him for the admirable manner in which he argued the appeal. His submission was as follows.…
…Civil Appeal No 107 of 1995 – unreported).…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL 10 OF 1999 LAWI KIPLAGAT ………….……………………………………… APPELLANT AND DELPHIS BANK LIMITED ……………….…………………….…
…At the hearing of this appeal on 12th October, 1999, Mr.…
Division and case type: CivilCivil Appeal
…Jane Mbeyu & Another, Civil Appeal No. 145 of 1990, unreported.…
…The Appellant has succeeded almost wholly in this appeal. He will therefore have 80% of the costs of the appeal. Miss Waweru sought orders from us for the refund of moneys paid by her clients should the appeal succeed.…
Division and case type: CriminalCriminal Appeal
…The appellant being dissatisfied with the conviction and sentence has appealed to this court and raised several grounds of appeal. I have perused through the grounds listed.…
…There is clearly no appeal before me. I need not therefore task my mind considering whether or not I ought to interfere with the conviction and sentence imposed by the trial court.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: HANCOX, J A CHESONI & PLATT, AG.…
…JJ.A CRIMINAL APPEALL NO 108 OF 1983 BETWEEN ALFAYO MARIO……………………………………………..APPELLANT AND REPUBLIC…………………………………………………RESPONDENT (Appeal from a sentence of the High Court of Kenya at Kisii (Mr E Cotran) dated 16th October,…