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…He filed his application for this leave on January 5, 1984, in the Kisumu Court of Appeal sub-registry.…

…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…

…He said the matterhad even gone to the Court of Appeal, though, as I said earlier, the appeal wasnot heard by the Court of Appeal for reasons which were given by both counseland are on record. Mr.…

…He said the matterhad even gone to the Court of Appeal, though, as I said earlier, the appeal wasnot heard by the Court of Appeal for reasons which were given by both counseland are on record. Mr.…

…This was the decision of the court of Appeal in JUVRAJ SHAR v. R. (1986) KLR 605. (iii) whether the appellant might serve the sentence before the appeal is determined.…

…This judgment was approved by the Court of Appeal in Mbogo v Shah [1968] EA 93 and in Shabir Din v Ram Parkash Anand (1955) 22 EACA 48 where Briggs JA as he then was said at page 51: “I consider that under order 9 rule 20…

…Oluoch dismissed the defence evidence as being not material to the case and relied in the decision of the former court of Appeal in the cases of Bundala v R (1959( EA 900.…

…The Court of Appeal after reviewing the decided cases on the subject held that the principles in the cited cases are the correct principles to be applied to application to set aside consent judgment and or orders.…