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…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…

…on the grounds that Ang'awa, J. declined to grant leave to appeal on 26th August, 1996 and that there is no express provision under the Law of Succession Act allowing an automatic right of appeal from ruling or order of the…

…RESPONDENT (Appeal from the High Court at Nakuru, Bennet J) JUDGMENT Perhaps the less said about this appeal the better.…

…The appellant’s first appeal was summarily rejected. It ought not to have been.…

…REPUBLIC OF KENYA COURT OF APPEAL AT NAKURU Criminal Appeal 37 of 1992 JOSEPH KIPTURGOT A TOWET……………………….. APPELLANT AND REPUBLIC …………….………………………………….…

…Accordingly, under rule 68(1)(a) of the Rules of this Court, this appeal has abated. Dated and delivered at Nakuru this 21st day of September, 1992. J.E. GICHERU JUDGE OF APPEAL A.M. COCKAR JUDGE OF APPEAL M.G.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MALINDI CRIMINAL APPEAL 35 OF 1992 KARIUKI NYOIKE …………………………….…

….……………… RESPONDENT (Appeal from a conviction and sentence of the High Court of Kenya Mombasa( Wambilyanga,J.) dated 7th May, 1991 In H. CR. C.…

…IN THE COURT OF APPEAL AT NAKURU (CORAM: MADAN, KNELLER JJA & CHESONI AG JA) CIVIL APPEAL NO. 5 OF 1983 BHANDARI CONSTRUCTION COMPANY …………………… APPELLANT VERSUS STANDARD JOINERY & BUILDING COMPANY…….…….… RESPONDENT JUDGMENT…

…We would make no order for costs of the appeal. The plaintiff is to blame for finding itself in its plight brought about by dilly-dallying in supplying the particulars.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: MASIME, GICHERU & KWACH, JJ.A.…

…CRIMINAL APPEAL NO. 67 OF 1992 BETWEEN EVANS MOSES SAETA ...................................APPELLANT AND REPUBLIC ............................................RESPONDENT (An appeal from a judgment of the High Court of Kenya…

…REPUBLIC OF KENYA Court of Appeal, at Nakuru Civil Appeal No 46 of 1984 Timsales Limited versus Up&Down Saw Mills (Kenya) Limited (Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974) November 6, 1985…

…The defendant has appealed.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI crim app 75 of 90 KARIUKI………………………APPELLANT V REPUBLIC………………..…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal…

…In the circumstances we allow the appeal, set aside the Superior Court’s order dated the 11th July, 1989 and order that this matter be remitted to the High Court to be dealt with in accordance with the law.…

…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nakuru (Bennett, J) dated 9th September, 1971 in Criminal Appeals No 15and 18 of 1971) JUDGMENT OF THE COURT The appellant, Eddie Odongo, was convicted of house…

…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…

…Atogo v Agricultural Finance Corporation & another Court of Appeal at Nakuru October 23, 1991 Hancox CJ, Masime JA & Omolo Ag JA Civil Appeal No 165 of 1989 (Appeal from the judgment of the High Court at Eldoret (Aganyanya…

…They did so on the instructions of the Agricultural Finance Corporation (the AFC) who are the first respondents to the appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag.…

…There is also a breach of rule 85 (1) (h) as much as certified copy of the order sought to be appealed against is not included in the Record of Appeal.…

…IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield…

…form, is a matter going to jurisdiction and must result in the appeal being struck out – see in particular JASWANTRAI AGGARWAL & ORS v LEKHRAJ AGGARWAL, Civil Appeal 3 of 1981.…

…IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPEAL 38 OF 1984 HENRY NDERITU …………………………………. APPELLANT AND REPUBLIC ………………………………………..…

…There is no second appeal from such a sentence. The appeal is dismissed. That is the Court’s order. Dated and delivered at Nakuru this day of September 25 1984. A A KNELLER …………………………….…

…in an intended appeal by the applicant.…

…The applicant is granted leave to file his notice of appeal out of time. This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: COCKAR, C.J., SHAH & LAKHA, JJ.A. CRIMINAL APPEAL NO. 44 OF 1994 BETWEEN CHARLES ANDIKA ZACHARIA ......................…

…No second appeal lies to the Court of Appeal against sentence - S. 361 (1) (a), unless the sentence has been enhanced by the High Court.…

…IN THE COURT OF APPEAL AT NAKURU (Coram:Nyarangi JA, Platt & Gachuhi Ag JJA) CRIMINAL APPEAL NO. 69 OF 1985 BETWEEN 1. BARBON MARIE 2.MARWA CHACHA 3. ELIJA KIPNG'ENO 4.…

…That ground of appeal raises an issue of law which concerns this court, this being a second appeal: R v Kalia (1941) 8 EACA 66 and Moses Thuo Stephen Njoroge v R; Criminal Appeal No 145 of 1985 (unreported).…

…Kagiri v Republic (Criminal Appeal 18 of 1988) [1989] KECA 68 (KLR) (31 July 1989) (Judgment) Kagiri v Republic[1989] eKLR Neutral citation: [1989] KECA 68 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MALINDI CRIMINAL…

…RESPONDENT (An appeal from a Judgment of the High Court at Mombasa, Bosire J) dated 30th day of October 1987, in High Court Criminal Appeal No 59 of 1987) JUDGMENT 1.…

…REPUBLIC OF KENYA AT THE COURT OF APPEAL IN NAKURU CRIMINAL APPEAL 16 OF 1991 SIMON MARUTIT ………..………………..…

…Accordingly, this appeal is dismissed under rule 70(4) of the Rules of this Court. Dated and delivered at Nakuru this 22nd day of February. 1993. J.E. GICHERU JUDGE OF APPEAL R.O. KWACH JUDGE OF APPEAL A.M.…

…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.…