Court of Appeal·Civil Misc Appl 300 of 9520 December 1995 The Court of Appeal refused to order Kenya Power to restore electricity to a customer whose connection had been obtained through unauthorise
injunctioninterlocutory reliefcivil procedurejudicial discretioncontract law
Court of Appeal·Civil Appeal No 112 of 198920 December 1995 Kenya's Court of Appeal ruled that loans clearly written as Kenya shillings in the contract stay shilling loans, even if the lender later cl
contract lawstatutory interpretationestoppelbanking financecommercial law
Court of Appeal·Criminal Appeal 103 of 199519 December 1995 Kenya's Court of Appeal cannot hear a second appeal about a sentence only; such appeals are barred by law and will be struck out.
criminal lawcriminal procedurejurisdictionstriking out
Court of Appeal·Civil Appeal No. 121 of 199511 December 1995 Kenya's Court of Appeal struck out a property owner's case because they used the wrong court procedure, confirming courts cannot hear matter
civil procedurejurisdictionland lawbanking financestatutory interpretation
Court of Appeal·Civil Appeal (High Court ruling of Shields J dated 27 October 1986)8 December 1995 Kenya's Court of Appeal ruled that borrowers who admit default cannot stop a property sale just because they dispute how much the bank is de
land lawinjunctioninterlocutory reliefcontract lawjudicial discretion
Court of Appeal·168 of 19951 December 1995 Court of Appeal·Civil Appeal 177 of 19951 December 1995 Kenya's Court of Appeal confirmed that if ordinary kerosene explodes, the seller and manufacturer must prove they were not negligent — victi
tort lawburden of proofdamagesevidenceconsumer protection
Court of Appeal·Civil Appeal 154 of 199529 November 1995 Kenya's Court of Appeal struck out an appeal against KCB because the required leave to appeal was never formally recorded, and the record la
civil procedurejurisdictionstriking outremediesaccess to justice
Court of Appeal·Civil Appeal 77 of 199424 November 1995 A Kenyan sub-agent who finds a buyer cannot sue the property vendor for commission unless he has a contract directly with the vendor.
contract lawcivil procedureburden of proofland law
Court of Appeal·Not stated in the judgment as reproduced24 November 1995 Kenya's Court of Appeal upheld a widow's compensation despite criticising the calculation method, confirming courts take a practical, common
tort lawdamagescivil procedureevidenceburden of proof
Court of Appeal·Civil Appeal 181 of 199524 November 1995 Kenya's Court of Appeal confirmed that only the person holding title to land can sue for trespass, and registered titles stand unless fraud
land lawtort lawburden of proofstatutory interpretationremedies
Court of Appeal·Civil Appeal 180 of 199523 November 1995 Kenya's Court of Appeal ruled that a judge cannot dismiss your case without first hearing all your witnesses.
land lawcivil procedurefair hearingjudicial discretionremedies
Court of Appeal·Civil Appeal 178 of 199523 November 1995 The Court of Appeal confirmed that once a judgment is entered in terms of a surveyor's award, it cannot be appealed unless the decree exceed
civil procedureland lawadverse possessionstriking outstatutory interpretation
Court of Appeal·Civil Application No. NAI 281 of 1995 (132/95 UR)23 November 1995 The Court of Appeal struck out a stay application because the applicants skipped the required first step of asking the High Court before goi
stay of executioncivil procedurejurisdictionjudicial discretionprecedent
Court of Appeal·Not stated in judgment extract23 November 1995 Kenya's Court of Appeal confirmed that registering land doesn't erase a trust, but you must actually prove any customary law you rely on in
land lawtrusts equityadverse possessionburden of proofevidence
Court of Appeal·Criminal Appeal 49 of 199522 November 1995 Kenya's Court of Appeal confirmed that trusted eyewitnesses who are relatives of a victim can justify a murder conviction, even without ball
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Not stated in the judgment22 November 1995 criminal lawcriminal procedurestatutory interpretationburden of proofstare decisis
Court of Appeal·Civil Appeal 184 of 199416 November 1995 civil procedurejudicial discretionstare decisisremediesburden of proof
Court of Appeal·Criminal Appeal No 70 of 199016 November 1995 Kenya's Court of Appeal confirmed a murder conviction can rest on a retracted confession alone if the court is fully satisfied it is true.
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Civil Appeal No. 13 of 199415 November 1995 Kenya's Court of Appeal confirmed that business letters and assurances can create binding legal obligations, and banks claiming otherwise ca
contract lawbanking financeburden of proofjudicial discretion
Court of Appeal·Civil Appeal 134 of 199413 November 1995 Kenya's Court of Appeal confirmed that when a licence to use someone's land expires, staying on makes you a trespasser who can be barred by
tort lawland lawinjunctioninterlocutory reliefjudicial discretion
Court of Appeal·Civil Appeal No. 77 of 1995 (application under rule 4)10 November 1995 Kenya's Court of Appeal refused to extend time to appeal because the applicant could not show an arguable appeal with realistic chances of s
extension of timecivil procedurejudicial reviewfair hearingcertification
Court of Appeal·Criminal Appeal (Nairobi)6 November 1995 Kenya's Court of Appeal struck out Pattni's bail appeal, ruling that a right of appeal must be expressly given by statute and cannot be impl
criminal procedurejurisdictionstatutory interpretationstare decisiscriminal law
Court of Appeal·Civil Appeal No 132 of 198930 October 1995 civil procedureadverse possessionland lawstriking outpreliminary objection
Court of Appeal·Civil Appeal 135 of 199527 October 1995 Kenya's Court of Appeal struck out an appeal because the Notice of Appeal was unsigned, showing small filing errors can end cases entirely.
civil procedurejurisdictionstriking outprecedentjudicial discretion