Case law
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Division and case type: Environment and LandCivil Appeal
…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
Division and case type: CivilCivil Appeal
…(e) Attempts were then made to file second appeal in the Courtof Appeal against the decision of Mead, J. (f) The attempts were unsuccessful and, consequently, theCourt of Appeal never heard the appeal.…
…Eventually, a motion was filed in the High Court, Eldoret in High CourtCivil Appeal No. 10/1980. The motion was seeking to Review the 1981 judgmentof Mead, J. on appeal.…
Division and case type: CivilCivil Appeal
…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…
…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…
Division and case type: CivilCivil Appeal
…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…
…Appeal dismissed. Cases No cases referred to. Statutes No statutes referred. June 27, 1988, Gachuhi, Apaloo & Masime JJA delivered the following Judgment.…
Division and case type: CivilCivil Appeal
…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…
…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…
Division and case type: CriminalCriminal Appeal
…Ekaita v Republic (Criminal Appeal 25 of 1994) [1994] KECA 107 (KLR) (23 June 1994) (Judgment) Nebart Ekaita v Republic [1994] eKLR Neutral citation: [1994] KECA 107 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU…
…Nevertheless, aggrieved by his conviction and sentence of death the appellant has appealed to this Court against that conviction and sentence and puts forward three grounds of appeal the essence of which is that there being…
Division and case type: CivilCivil Appeal
…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…
…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT KISUMU CORUM:HANCOX CJ, GICHERU JA & COCKAR AG JA CIVIL APPEAL NO 8 OF 1990 BETWEEN ERNEST WESONGA KWEYU……………………….APPELLANT AND KWEYU OMUTO……….RESPONDENT (An appeal from the Judgment of the High…
…Against that dismissal, the appellant appeals to this court and has put forward seven grounds of appeal.…
Division and case type: CivilCivil Appeal
…To that extent only would I allow the appeal as regards liability.…
…There was no appeal from these matters.…
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…
…Against the entire decision of the superior court, the appellant appeals to this court and has put forward 17 grounds of appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Kimani v Republic High Court, at Mombasa March 18, 1991 Wambilyangah J Criminal Appeal Case No 266 of 1990 (From original conviction and sentence in Criminal Case No 269 of 1990 of the Resident Magistrate…
…Appeal allowed. Cases 1. R v Turnbull [1976] 3 All ER 549; [1976] Crim LR 565; sub nom [1976] 3 WLR 445; 120 SJ 486 2.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, KWACH & TUNOI) CRIMINAL APPEAL NO. 108 OF 1992 BETWEEN HERMAN AMBONYA ODONGO......................................APPELLANT AND REPUBLIC.................…
…His appeal to the superior court against both conviction and sentence was summarily rejected under section 352(2) of the Criminal Procedure Code. He has now appealed to this court against this rejection.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL, AT MOMBASA Masime, Cockar JJA & Omolo Ag JA Criminal Appeal No 58 of 1990 Lesidai......................................................appellant v Republic...............................…
…This is an utterly worthless ground of appeal.…
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
…IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPEAL NO.1161 OF 2000 (From Original Conviction and Sentence in Criminal Case No.986 of 2000 of the District Magistrate’s at Kigumo).…
…JOHN MAINA KAMAU......................................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT CONSOLIDATED WITH CRIMINAL APPEAL NO.1162 OF…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA Mshighati v Republic High Court, at Mombasa August 10, 1992 Wambilyangah J Criminal Appeal No. 119 of 1988 August 10, 1992, Wambilyanga J delivered the following Judgment.…
…The outcome of the appeal was still awaited when the criminal case which culminated in the instant appeal was begun.Mr.…
Division and case type: CivilCivil Appeal
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: CriminalCriminal Appeal
…COMPLAINANT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th May 1989 in High Court Criminal Appeal No 8 of 1989) JUDGMENT (Appeal from the judgment of the High Court at Kisumu, Omolo J, dated 4th…
…May 1989 in High Court Criminal Appeal No 8 of 1989) 1.…
Division and case type: CivilCivil Appeal
…Odonyo v K'ombudo (Civil Appeal 118 of 1990) [1993] KECA 90 (KLR) (14 January 1993) (Judgment) Samson Odoyo v Ojwang’ K’Ombudo [1993] eKLR Neutral citation: [1993] KECA 90 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT…
…The respondent cross appealed and set out ve grounds of appeal but the rst four grounds were abandoned leaving the issue of quantum only for arguments before this Court. 2.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Kneller JA, Chesoni & Nyarangi Ag JJA Criminal Appeal No 121 of 1983 JAMES NYANAMBA..............................................APPLICATION v REPUBLIC..........…
…These matters were not dealt with by the learned judge who heard the appellant’s first appeal.…