Court of Appeal · Civil Appeal No. 195 of 2004 21 December 2005 Kenya's Court of Appeal ruled that proclaiming goods attached is legally enough for an auctioneer to charge fees, but those fees must reflec
civil procedure statutory interpretation commercial law remedies
Court of Appeal · Civil Appeal No. 195 of 2004 21 December 2005 Kenya's Court of Appeal confirmed that proclaiming attachment of goods counts as attachment, but auctioneer fees must be based on the goods'
civil procedure statutory interpretation commercial law remedies
Court of Appeal · Civil Application Nos. NAI. 324 & 325 of 2005 16 December 2005 Kenya's Court of Appeal refused to pause High Court proceedings, confirming that the party seeking a stay must prove their appeal would othe
civil procedure stay of proceedings interlocutory relief contempt of court judicial discretion
Court of Appeal · Not stated in the judgment (single-judge application under Rule 4 of the Court of Appeal Rules; superior court record HCCC No. 148 of 2004) 16 December 2005 Kenya's Court of Appeal forgave a missed appeal deadline caused by court mix-ups, but stressed that parties must act promptly once a filing
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Court of Appeal · Civil Appeal No. 215 of 2003 16 December 2005 Kenya's Court of Appeal ruled an MP who dodges delivery of an election petition can't use that evasion to get the challenge thrown out.
election petition electoral law burden of proof standard of proof civil procedure
Court of Appeal · Civil Appeal 40 of 2002 16 December 2005 Kenya's Court of Appeal threw out a family's compensation claim against the Electoral Commission, ruling it was not responsible for a poll o
employment labour tort law contract law damages civil procedure
Court of Appeal · Criminal Appeal No. 216 of 2004 16 December 2005 The Court of Appeal quashed one conviction because the charge described the wrong offence, but kept the firearm and ammunition convictions a
criminal law criminal procedure evidence burden of proof statutory interpretation
Court of Appeal · Civil Application NAI 279 of 2005 16 December 2005 Kenya's Court of Appeal refused to protect a company facing eviction because its appeal was too weak, even though losing the property risked
interlocutory relief injunction stay of execution jurisdiction judicial discretion
Court of Appeal · Civil Appeal 215 of 2003 16 December 2005 Kenya's Court of Appeal ruled that deliberately hiding from a process server cannot save an MP from an election petition challenging their s
election petition electoral law burden of proof stare decisis civil procedure
Court of Appeal · Not stated in the judgment (Court of Appeal application; intended appeal from HCCC No. 1469 of 1998) 9 December 2005 Kenya's Court of Appeal refused to revive a late appeal because the applicant could not explain years of delay and contradictory paperwork.
extension of time inordinate delay civil procedure judicial discretion tort law
Court of Appeal 9 December 2005 The Court of Appeal refused to revive a late family land appeal, ruling that lawyer errors and lengthy delay could not prolong the winner's
extension of time succession judicial discretion civil procedure family law
Court of Appeal · Criminal Appeal 115 of 2005 2 December 2005 Kenya's Court of Appeal upheld a son's murder conviction for killing his mother with an axe, rejecting his claim it was an accident.
criminal law criminal procedure evidence standard of proof burden of proof
Court of Appeal · Civil Appeal Appli 46 of 2005 2 December 2005 Kenya's Court of Appeal allowed NHIF's appeal against Boya Nursing Home to proceed, ruling it was filed on time and needed no special permis
civil procedure extension of time striking out jurisdiction judicial review
Court of Appeal · Not stated in judgment 2 December 2005 Kenya's Court of Appeal granted an extension of time to appeal because the applicant genuinely didn't know when judgment was delivered.
extension of time civil procedure judicial discretion inordinate delay access to justice
Court of Appeal · Rule 4 application within Civil Appeal No. 153 of 2004 (formerly Civil Appeal No. 20 of 2004, Kisumu); the application's own number is not stated in the judgment 1 December 2005 The Court of Appeal refused to extend time for a Kenyan decree-holder to strike out Telkom Kenya's appeal, because the eleven-month delay wa
extension of time inordinate delay striking out judicial discretion civil procedure
Court of Appeal · Not stated in the judgment (the earlier, withdrawn application is identified only as Civil Application No. NAI 80 of 2005) 1 December 2005 Kenya's Court of Appeal gave a dismissed employee more time to file his appeal, ruling that delays caused by the court registry don't count
extension of time inordinate delay civil procedure judicial discretion employment labour
Court of Appeal · Not stated in the judgment 1 December 2005 Kenyans who can't afford appeal fees can still appeal if they prove hardship and merit, but must pay from any winnings.
civil procedure extension of time access to justice judicial discretion land law
Court of Appeal · Not stated in the judgment (notice of motion dated 28.10.05, filed 31.10.05, in the appeal concluded by the judgment of 29.4.05) 30 November 2005 The Court of Appeal refused to fast-track a request to set aside its own judgment because there was no evidence that an eviction was actuall
land law civil procedure judicial discretion remedies
Court of Appeal · Not stated in the ruling; the previous appeal referred to was Civil Appeal No. 225 of 2003 29 November 2005 The Court of Appeal let the applicants restart their appeal after the first was struck out on a technicality, because they acted quickly.
extension of time inordinate delay judicial discretion civil procedure access to justice
Court of Appeal · Not stated in the judgment 29 November 2005 Kenya's Court of Appeal let a company skip serving appeal papers on a co-defendant who never joined the case and was unaffected by the judgm
civil procedure interlocutory relief judicial discretion access to justice remedies
Court of Appeal · Criminal Appeal 241 of 2005 25 November 2005 Kenya's Court of Appeal upheld a 15-year manslaughter sentence, showing judges who properly consider all circumstances before sentencing won
criminal law criminal procedure judicial discretion
Court of Appeal · Not stated in the ruling 25 November 2005 Kenya's Court of Appeal excused a two-day delay in serving an appeal notice caused by a public holiday, showing courts forgive short, explai
extension of time judicial discretion civil procedure access to justice
Court of Appeal 25 November 2005 Kenya's Court of Appeal granted extra time to appeal when no one objected, showing unopposed extension applications are usually straightforw
extension of time civil procedure judicial discretion access to justice
Court of Appeal · Criminal Appeal 208 of 2005 25 November 2005 Kenya's Court of Appeal upheld a murder conviction based on circumstantial evidence but struck down the death sentence because the accused w
criminal law criminal procedure evidence standard of proof statutory interpretation
Court of Appeal · Kisumu Civil Appeal No. 6 of 2005 24 November 2005 Kenya's Court of Appeal allowed an unopposed time extension and excused serving appeal papers on a party who never took part in the case.
extension of time civil procedure
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