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: 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: 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: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. AMOS ONDISO ORARO 2. MUSYOKI MUNYOKI 3. PHILLIP KIVINDUI 4. JAMES MUTHUI ............ .....................…
…To this end the appellants' appeal fails. Dated and delivered at Mombasa this 18th day of July, 1997. J.E. GICHERU .............................. JUDGE OF APPEAL A.M. AKIWUMI .............................…
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 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: 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: 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
…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.…
Division and case type: CivilCivil Appeal
…This is an appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega. 2.…
…The appellant’s appeal against that ruling was similarly heard and dismissed by the High Court hence this second appeal. 20.…
Division and case type: CivilCivil Appeal
…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…
…I also agree that this appeal should be dismissed.…
Division and case type: CriminalCriminal Appeal
…The appeal before us is based on the five grounds of appeal the substance of which is that the appeal was heard in the appellant’s absence notwithstanding that he wished to be present.…
…It follows that the appeal will be heard at Kisumu High Court. To that limited extend the appeal succeeds. The appellant shall remain in custody until his appeal is heard and determined.…