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
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ……………....……....……...………. 1ST APPELLANT ZAKARIA KARANJA WAKAHIHIA…
…JM Gachuhi Ag Judge of Appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Hancox & Nyarangi JJ A & Gachuhi, Ag JA) CIVIL APPEAL NO 58 OF 1985 BETWEEN ADOLFO GITANGA WAKAHIHIA ………..………………...………. 1ST APPELLANT…
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: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CRIMINAL APPEAL NO. 120 OF 1986 JAMLICK GACHARI MUSIKIRI …….………APPELLANT AND REPUBLIC………………...........………..…
…The appeal against both conviction and sentence for such offence is dismissed.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Omolo, Akiwumi & Lakha, JJ.A.)…
…We allow the appeal, set aside the summary rejection and direct that the learned Judge must admit the appellant's appeal and proceed to hear it according to law. Those shall be our orders.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Omolo, Akiwumi & Lakha, JJ.A.)…
…We allow the appeal, set aside the summary rejection and direct that the learned Judge must admit the appellant's appeal and proceed to hear it according to law. Those shall be our orders.…
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
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…
…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…
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: CriminalCase number Criminal Application
…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
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI CIVIL APPEAL 74 OF 83[1] BETWEEN THUMBI GIKIRA……………………………………….………………….APPELLANT AND GEORGE GATHIRUA MWARIRI GATHIRUA …………..…
…The appeal is against the judgment entered on 9th August, 1983, in terms of the award, on the grounds set out in the memorandum of appeal.…
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…