Case law
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Division and case type: CivilCivil Appeal
…The High Court dismissed the application for review and the tenants appealed to the Court of Appeal.…
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
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 ............ .....................…
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, Cr.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA COURT OF APPEAL AT MOMBASA Criminal Appeal 138 of 2002 ABDIRAHMAN ALI ABDI …………………….................…………………….. APPELLANT AND REPUBLIC ……………………………….............……….………………….…
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 ............ .....................…
…The latter section concerns the Court of Appeal on second appeals while the former sections are of general application in this regard. As was pointed out therefore by this Court in Raphael Oyondi Omuside v. Rpublic, 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.)…
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.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: GICHERU, AKIWUMI & TUNOI, JJ.A.) CIVIL APPLICATION NO. NAI. 314 OF 1996 BETWEEN MARGARET MAKHANJU JOHN .............................…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.96 OF 1996 MARY MANGA MESHACK .............................. APPELLANT VERSUS REPUBLIC .......................................…
Division and case type: CivilCivil Appeal
…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…
…Juma v Kenya Glassworks Ltd, Mombasa Civil Suit 598 of 1977 May 14, 1979 Kneller, J Increased by a majority of the Court of Appeal to Kshs 70,000.…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 59 of 1994 CLIFF S. M.…
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
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 …………………………….…
Division and case type: CRIMINAL DIVISIONCriminal 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......................................…
…We have considered the appellants’ supplementary grounds of appeal to his court in which, inter alia, they each emphasize that they had no communication with their advocate for periods of one and half and two months respectively…
Division and case type: CivilCivil Appeal
…Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1.…
…Juma v Kenya Glassworks Ltd, Mombasa Civil Suit 598 of 1977 May 14, 1979 Kneller, J Increased by a majority of the Court of Appeal to Kshs 70,000.…
Division and case type: CriminalCriminal Appeal
…Mrama v Republic REPUBLIC OF KENYA Court of Appeal, at Mombasa July 17, 1990 Gachuhi, Masime & Kwach JJA Criminal Appeal No 73 of 1990 On July 17, 1990, Gachuhi, Masime & Kwach JJA delivered the following Judgment.…
Division and case type: CriminalCriminal Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA CRIMINAL APPEAL 86 OF 83 BETWEEN ANUCHPAND MEGHJI RUPA SHAH VIJAY KUMAR MEGHJI SHAH ……………. APPELLANTS AND REPUBLIC ………………………………………….…
…Moreover, Ajodha’s case is not a binding authority, and appears to have been doubted in a recent Court of Appeal decision in England, R v Airey, The Times 19th June, 1984.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG.......................…
…But since all the members of the Court of Appeal were unanimous that as the injury was unintentional and that the only cause of action that existed was therefore in negligence, I do not find this case of great assistance…
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…
…Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of…
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…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…
…Damages - assessment of damages - general damages under the Fatal Accidents Act (cap 32) - father claiming damages for the death of a six year old child - principles the Court of Appeal will apply in considering whether to…
Division and case type: CivilCivil Case
…(Attorney General v Joseph Wanjira, Court of Appeal CA No 45 of 1982). I am asked to open a new vista of jurisprudence in determining factors to be taken into account whilst assessing damages.…
…All that I would say, having regard to recent decisions of the Court of Appeal, that “in cases in which there are Kenya decisions on the point, in which the main essentials bear comparison with the facts of the one before…