Case law
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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: CivilCivil Case
…exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all of which were applied by the Kenya Court…
…of Appeal in the recent case of Philip Keipto Chemwolo and another v Augustine Kubende, Civil Appeal No 103 of 1984 (unreported) and also in the case of Shadrack Arap Biywo v Bodi Bach Civil Appeal No 122 of 1986 (unreported…
Division and case type: CriminalCriminal Case
…As was held in the court of appeal case of Kiilu & Another vs.…
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 Case
…It was held by the Court of Appeal that no suit lies against the Government in respect of acts done in the discharge or purported discharge of judicial functions.…
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
…Yalwala v Indumuli & another (Civil Appeal 69 of 1987) [1989] KECA 51 (KLR) (14 March 1989) (Judgment) Yalwala v Indumuli & another [1989] eKLR Neutral citation: [1989] KECA 51 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
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: CivilCivil Appeal
…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…
…In the early case of Chatenay v Brazilian Submarine Telegraph Co [1891] 1 QB 79 the Court of Appeal was called upon to consider a power of attorney executed by the plainti in Brazil, in the Portuguese language directed to…
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: CriminalCriminal Case
…In the case of Rex v Okute s/o Kaliembi and Gadimba s/o Oumo (1941) Vol VII Eastern African Court of Appeals Report p 78, the first appellant and the accused persons who had not appealed had on arresting the deceased taken…
…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…
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…