“"arguable appeal"” — court decisions

Judgment[1997] KECA 3209 March 1997

EVANSON K. NJOROGE & ANOTHER v KEBIRIGO GENERAL STORES LIMITED

Court of Appeal at Nairobi

Judgment[1988] KECA 13527 January 1988

Lydia Wanjiru Mwangi v Rajnikant Joshi

Court of Appeal at MombasaJUDGE APPEALCase number Civil Application 143 of 1987

Division and case type: CivilCase number Civil Application

…Here, there is an arguable appeal. We accept Mr Gikandi’s apology for his mistake and grant his client an extension of time. The Record of appeal shall be lodged in 30 days from todays date.…

3 min read

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Marna Muchiri,Ougo,Ougo before Bosire,KirundiCase number Civil Application 69 of 1996

Division and case type: CivilCivil Appeal

…We are satisfied that the applicant has an arguable appeal which, if successful, would be rendered nugatory if a stay or injunction is not granted. The plaintiff has been registered as proprietor already.…

3 min read

Judgment[2003] KECA 7810 December 2003

Charles Gitonga Gakuu & 2 others v Lee Eun Hee

Court of Appeal at NairobiAng,JUDGE APPEAL,Nyakeno,MuneneCase number Civil Application 318 of 2003

Division and case type: CivilCase number Civil Application

…d) That the delay is not in any event prejudi cial as the Respondent has also filed a Notice of Appeal. e) That the Applicants intend to appeal against the judgment and decree of the superior court and has a strong and arguable…

…appeal with the high chance of success.”…

application is grantedAllowed5 min read

Judgment[1999] KECA 1466 September 1999

INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION v DABER ENTERPRISES LIMITED

Court of Appeal at NairobiJUDGE APPEAL,Mbai,Mbai Deputy,KamaaraCase 2 of 2013

Division and case type: Environment and LandLand Case

…At this stage we are only bound to inquire as to whether or not there is an arguable appeal and if so, would the success of the appeal be rendered nugatory if the order sought is not granted?…

6 min read

Judgment[1995] KECA 15919 January 1995

Arthur K. Magugu & another v Gitutho Associates & 3 others

Court of Appeal at MombasaWambilyangah,JUDGE APPEAL,AccordinglyCase number Civil Application 251 of 1994

Division and case type: CivilCase number Civil Application

…For the purpose of this application, we are satisfied that the applicants have shown that they have an arguable appeal.…

application is allowedAllowed5 min read

Judgment[2014] KESC 328 December 2014

Mate & another v Wambora & another

Supreme Court at NyeriJudge Bench High,Judge Bench,Reconciliation Commission,Judge issued conservatory Orders,SUPREME COURT,Prof. Tom Ojienda,MuiteCase number Civil Application 37 of 2014

Division and case type: CivilCivil Appeal

…Counsel contended that the appeal raises an arguable appeal, as it involves the application and interpretation of various provisions of the Constitution which were directly and materially in issue in both the High Court and…

…Counsel invoked Section 24(1) of the Supreme Court Act, 2011 as read together with Rules 23 and 26(1) of the Supreme Court Rules, 2012 and urged that the appeal was arguable, and was properly conceived within the meaning…

appeal succeedsAllowed34 min read

Judgment[2007] KEHC 133229 November 2007

ATUL SHAH & ANOTHER v BHARAT DOSHI & ANOTHER

High Court at DoshiKasango,Kopere,Nyaoga,SaendeCase number Civil Case 294 of 2006

Division and case type: Milimani Commercial CourtsCivil Case

…proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck out. 6) The Applicants do not have an arguable…

…appeal.…

suit struck outDismissed10 min read

Judgment[2006] KEHC 8829 November 2006

ATUL SHAH & another v BHARAT DOSHI & another

High Court at DoshiKasango,Kopere,Nyaoga,SaendeCase number Civil Case 294 of 2006

Division and case type: Milimani Commercial CourtsCivil Case

…appeal.…

suit struck outDismissed10 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998

Division and case type: CivilCivil Appli

…He states that as Counsel for the Respondent, the Attorney General on whose authority and behalf he swore the affidavit, the Respondent has arguable appeal against the judgement/ruling of Hayanga, J delivered on 16-9-98 as…

15 min read