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You searched for cases with the following details ; Filter Case Year : 2008. Court Name : Court of Appeal at Eldoret.
John Obwoge Nyabwari V Andrew Onditi Obwage & 3 Others [2008] EKLR
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Case Number: Civil Appli 243 of 2007 |
Date Delivered: 05 Dec 2008 |
Judge: John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: John Obwoge Nyabwari v Andrew Onditi Obwage, Joshua Nyakeriga, Susan Oeri Obwoge & Hezekia John Makori
Advocates:
Citation: John Obwoge Nyabwari v Andrew Onditi Obwage & 3 others [2008] eKLR
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Jacob Odhiambo Omumbo V Republic [2008] EKLR
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Case Number: Criminal Appeal 80 of 2008 |
Date Delivered: 05 Dec 2008 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch
Court: Court of Appeal at Kisumu
Parties: Jacob Odhiambo Omumbo v Republic
Advocates:
Citation: Jacob Odhiambo Omumbo v Republic [2008] eKLR
Sexual Offence-defilement-appeal-second appeal-victim being a child of tender years-appeal against the decision of the court to convict on the evidence of a child of tender years without comprehensive corroboration-jurisdiction of the Appellate Court to only entertain matters of law-determination of child’s ability to understand the meaning and nature of an oath-child having identified the appellant as her assailant-court can convict on the evidence of a child of tender years in a case involving a sexual offence-ingredients that must be proved for a charge of defilement to stick-applicable principles-whether the prosecution’s failure to call the other children who were at the scene was fatal to the case-whether the persecutions case was proved to the required standards-Sexual Offences Act section 8(2) Evidence Act section 124
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Vitalis Obonyo Onya V Republic [2008] EKLR
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Case Number: Criminal Appeal 130 of 2008 |
Date Delivered: 05 Dec 2008 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Vitalis Obonyo Onya v Republic
Advocates:
Citation: Vitalis Obonyo Onya v Republic [2008] eKLR
Evidence - criminal evidence - how a first appellate court is required to deal with the evidence - identification evidence - appeal challenging the strength of the evidence adduced in a trial - whether the evidence was sufficient to support the charge - burden of proof - accused person not under any duty to call a witness to buttress his defence - no general obligation on the accused to prove his defence.
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Benjamin Obat Ayoki V Republic [2008] EKLR
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Case Number: Criminal Appeal 140 of 2008 |
Date Delivered: 05 Dec 2008 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Benjamin Obat Ayoki v Republic
Advocates:
Citation: Benjamin Obat Ayoki v Republic [2008] eKLR
Criminal law - robbery with violence - ingredients of the offence - whether all the ingredients/variants of the offence must be proved in order to establish the commission of the offence - Penal Code section 296(1), (2)
Evidence - identification evidence - recognition and identification - identification evidence of a single witness - how courts should handle such evidence
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Kenya Commercial Finance Co. Ltd V Richard Akwesera Onditi [2008] EKLR
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Case Number: Civil Appeal Appli 157 of 2008 |
Date Delivered: 05 Dec 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Kenya Commercial Finance Co. Ltd v Richard Akwesera Onditi
Advocates:
Citation: Kenya Commercial Finance Co. Ltd v Richard Akwesera Onditi [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - striking out of appeal - application to strike out appeal - ground: record of appeal did not include some exhibits produced before the trial court - whether the omitted exhibits could be brought on record by way of a supplementary record of appeal - whether the record of appeal was incurably defective - Court of Appeal Rules rule 80, 85(2A)
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Small Enterprises Finance Company Ltd V Thomas Adongo Onuko T/A & Another [2008] EKLR
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Case Number: Civil Appli 166 of 2008 (KSM 9/08) |
Date Delivered: 05 Dec 2008 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Small Enterprises Finance Company Ltd v Thomas Adongo Onuko T/A & Kisumu Expert Tailoring House
Advocates:
Citation: Small Enterprises Finance Company Ltd v Thomas Adongo Onuko T/A & another [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - extension of time - application for extension of time to file notice of appeal - discretion of the court in extending time - principles which the court will consider in considering such an application - Court of Appeal Rules rule 4
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Hezekia Michoki V Elizaphan Onyancha Ombongi [2008] EKLR
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Case Number: Civil Appli 212 of 2008 (KSM 15/08) |
Date Delivered: 05 Dec 2008 |
Judge: John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Hezekia Michoki v Elizaphan Onyancha Ombongi
Advocates:
Citation: Hezekia Michoki v Elizaphan Onyancha Ombongi [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - extension of time - application for extension of time to serve notice of appeal and file record of appeal - unfettered discretionary jurisdiction of the Court on such an application - principles which the court will consider and apply in exercising its discretion - Court of Appeal Rules rule 4
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Bon David Onyango V Republic [2008] EKLR
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Case Number: Criminal Appeal 312 of 2007 |
Date Delivered: 05 Dec 2008 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Bon David Onyango v Republic
Advocates:
Citation: Bon David Onyango v Republic [2008] eKLR
Evidence - identification evidence - duty of court to test evidence of identification especially where the identification is said to have taken place at night or under circumstances rendering a positive identification difficult - identification and recognition - reliability of evidence of recognition than identification
Evidence - burden of proof - defence of alibi - duty of the prosecution to displace the defence where it has been raised by the accused - duty of the trial court to give due consideration to the alibi defence.
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Richard Oloo Otieno & 3 Others V Republic [2008] EKLR
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Case Number: Criminal Appeal 54 & 64 of 2007 |
Date Delivered: 05 Dec 2008 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch
Court: Court of Appeal at Kisumu
Parties: Richard Oloo Otieno,Richard Oricho Onyango, Jared Ochieng Jura & Richard Omondi Ombewa Alias Soldi v Republic
Advocates:
Citation: Richard Oloo Otieno & 3 others v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - whether the conviction was supported by the evidence - Penal Code section 296(2)
Evidence - criminal evidence - evidence of a single witness - how a trial court is to handle such evidence - identification evidence - recognition - concurrent findings of fact made by a trial court and the High Court on first appeal - circumstances in which the second appellate court could interfere with such findings
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Kennedy Otieno Odeny V Republic [2008] EKLR
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Case Number: Criminal Appeal 100 of 2007 |
Date Delivered: 28 Nov 2008 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Kennedy Otieno Odeny v Republic
Advocates:
Citation: Kennedy Otieno Odeny v Republic [2008] eKLR
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