Case law
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Division and case type: CivilCase number Civil Application
…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…
…Of course if the appeal has absolutely no chance of success no doubt that would be a factor to be borne in mind. Here, there is an arguable appeal.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Criminal Appeal 1 of 1991 ALI SHABAN ………………………………….. APPELLANT AND REPUBLIC ……………………….…………..…
…APPEALS NOS 417, 498, 496 & 499 OF 1989) ******************************** JUDGMENT OF THE COURT As the appellant had pleaded guilty at his trial he had a right of appeal against sentence to the High Court which he duly exercised…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Hancox, Nyarangi and Platt, JJ A) CIVIL APPEAL NO 49 OF 1984 BETWEEN ABDALLA HUSSEIN KILO………………………………….………..…
…The appeal is accordingly allowed to the extent indicated by him, with costs.…
Division and case type: CivilCivil Appeal
…The memorandum of appeal contains four ground of appeal. The first and second are a complaint that the judge misdirected himself by dealing with the issue of liability.…
…Even if he was inclined not to award damages, he was bound to assess it for the purpose of an appeal, if one was filed as did happen. I would allow this appeal with cots.…
Division and case type: CivilCivil Appeal
…It is from these awards that the present appeal rests.…
…We shall deal with ground one of appeal first. Mr Kasmani for the appellant was quick to submit that the very recent decision in Civil Appeal No 117 of 1992 should apply in respect of ground one (1) of this appeal.…
Division and case type: CivilCivil 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.…
Division and case type: CriminalCriminal Appeal
…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.…
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: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA ( Coram:Kneller, Hancox JJA & Chesoni Ag JA ) CRIMINAL APPEAL NO. 45 OF 1984 BETWEEN MBELLE......................................................................................APPELLANT…
…We accordingly dismiss the appeal against the sentence also. Appeal dismissed. Dated and Delivered at Mombasa this 23rd day of July 1984. A.A.KNELLER ...................................…
Division and case type: CriminalCriminal Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: COCKAR, C.J., KWACH & SHAH, JJ.A.)…
…CRIMINAL APPEAL NO. 107 OF 1995 BETWEEN PHILIP MUNYAO MBUVI………………APPELLANT AND REPUBLIC………………………………RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Wambilyangah, J.) dated 21st February, 1994 IN H.C.CR…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Masime, J.A., Gicheru & Kwach, Ag. JJ.A.)…
…CRIMINAL APPEAL NO. 155 OF 1988 BETWEEN DAN OLOGI...............................................APPELLANT AND REPUBLIC................................................RESPONDENT (Appeal from an order of the High Court of Kenya…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA CORAM: MILLER CJ, NYARANGI & PLATT JJ A CIVIL APPEAL NO. 92 OF 1986 ALOYCE MARIERA ………………………........… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High…
…This is a first appeal from a trial by the High Court.…
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......................................…
…His appeal to the High Court against both conviction and sentence was dismissed and he now appeals to this Court.…
Division and case type: CivilMiscellaneous Application
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…
…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Commissioner Shah) dated 7th June, 2000 in H.C.CR.A.…
…The appeal is ordered to be and is hereby dismissed. Dated and delivered at Mombasa this 24th day of July, 2000. R. S. C. OMOLO ............... JUDGE OF APPEAL A. M. AKIWUMI ............... JUDGE OF APPEAL E.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (Coram: Platt, Gachuhi JJA & Masime Ag JA) CIVIL APPEAL NO 91 OF 1987 Between NANDWA....................................................................PLAINTIFF AND KENYA KAZI LTD.......…
…Masime Ag JA.The appellant in this appeal was employed as a driver by the respondent a security company.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: GACHUHI, KWACH & OMOLO JJ A ) CIVIL APPEAL NO 159 OF 1994 BETWEEN CAR & GENERAL (K) LIMITED ...........................APPELLANT AND DIAMOND TRUST OF KENYA LIMITED ..............RESPONDENT…
…(Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT OF THE COURT We think this appeal…
Division and case type: CivilCivil Appeal
…Libel and slander are not relevant in this appeal.…
…I would therefore dismiss the appeal from his decision and I would award the costs of this appeal to the respondent. Nyarangi JA.…