Court of Appeal judgments

SAVINGS & LOAN (K) LIMITED vs FLORA WARUE NYAGAH [1998] KECA 237 (KLR)

✦ The appeal is allowed. The orders made in the superior court are set aside and the respondent's application for injunction is dismissed with costs to the appellant.

[1998] KECA 237 (KLR) Court of Appeal

TAHIR SHEIKH SAID TRANSPORTERS (K) LIMITEDvs CHARLES MUGAMBO [1998] KECA 82 (KLR)

✦ The application is allowed and the notice of appeal is ordered to be filed at the Nakuru sub-registry within the next 14 days and the record of appeal to be lodged at the said sub-registry within 30 days thereafter. The applicant will pay the respondent Kshs.6,000/= within the next 30 days for the costs of the application.

[1998] KECA 82 (KLR) Court of Appeal

TANGA MUNDEKE D. K. alias BENDE alias JEAN CLAUDE alias IBORO BARODO vs REPUBLIC [1998] KECA 172 (KLR)

✦ The appeal is allowed, and the orders of the High Court and the Senior Principal Magistrate are quashed. The Appellant is hereby forthwith released from imprisonment.

[1998] KECA 172 (KLR) Court of Appeal

ZIPPORAH TIRINDI M'MWITHIGA & 3 OTHERS vs MBURUGU KIOGA [1998] KECA 140 (KLR)

✦ The application is stood over for hearing at Nairobi before the Judge of Appeal on 20th November, 1998 at 10.30 a.m. in chambers, at Nairobi.

[1998] KECA 140 (KLR) Court of Appeal

Trade Bank Limited (In Liquidation) v L.Z. Engineering Construction Limited & 2 Others [1998] KECA 167 (KLR)

✦ The appeal and Civil Appeal No. 39 of 1998 are stayed pending compliance with an order for security of K.Shs 30 million and the deposit of Shs. 3 million into court in cash within 30 days from today. Both appeals will stand dismissed with costs without further orders in default of compliance with the order for security.

[1998] KECA 167 (KLR) Court of Appeal

VIHIGA MILLERS & HIGHES LTD v NIFREDA MUDOLA [1998] KECA 23 (KLR)

✦ The application for adjournment is granted, and the application for restoration to hearing of Civil Application No. NAI.107 of 1994 is fixed for hearing on 11th October, 1998.

[1998] KECA 23 (KLR) Court of Appeal

Wilson Kenyenga v Joel Ombori [1998] KECA 176 (KLR)

✦ The Court grants the applicant's application to extend the time for filing the notice of appeal by 7 days and the time for lodging the record of appeal by 21 days.

[1998] KECA 176 (KLR) Court of Appeal

STEPHEN NDUNGU NJUGUNA vs JOSEPH KAHORA NGUGI [1998] KECA 260 (KLR)

✦ The appeal is dismissed with costs.

[1998] KECA 260 (KLR) Court of Appeal

NAFTAL O. NYAGWACHI vs PAVE AUCTIONEERS [1998] KECA 75 (KLR)

✦ The Notice of appeal is struck out with costs to the applicant.

[1998] KECA 75 (KLR) Court of Appeal

TONONOKA STEELS LIMITED vs THE EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK (THE P.T.A. BANK) [1998] KECA 254 (KLR)

✦ The application fails and is dismissed with costs.

[1998] KECA 254 (KLR) Court of Appeal

JACOB OPIYO v REPUBLIC [1998] KECA 22 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the sentence set aside. The fine of Shs.3,500/= is to be refunded to the appellant.

[1998] KECA 22 (KLR) Court of Appeal

JOSEPH JUMA MBORI vs REPUBLIC [1998] KECA 191 (KLR)

✦ The appeal fails and is dismissed.

[1998] KECA 191 (KLR) Court of Appeal

Hillary Bwire Wafula v Republic [1998] KECA 86 (KLR)

✦ The applicant's application succeeds to the extent that there was no delay in lodging the Notice of Appeal and it is deemed to have been lodged within the prescribed period.

[1998] KECA 86 (KLR) Court of Appeal

EVAN NGUGI KINYANJUI vs PHILLIS MBUTE & 5 OTHERS [1998] KECA 235 (KLR)

✦ The application is allowed, and Evan Ngugi Kinyanjui is substituted in place of his deceased father Kinyanjui Kamau.

[1998] KECA 235 (KLR) Court of Appeal

TWIGA PROPERTIES LIMITED v GADINOS PIZZAS LIMITED [1998] KECA 29 (KLR)

✦ The court held that the arbitrator correctly determined that there was no waiver of the option clause and that the respondent did not become a tenant by holding over.

[1998] KECA 29 (KLR) Court of Appeal

FRANCIS GITONGA MACHARIA vs MUIRURI WAITHAKA [1998] KECA 277 (KLR)

✦ The appeal is dismissed but with no order as to costs.

[1998] KECA 277 (KLR) Court of Appeal

Gitonga Warugongo v Total Kenya Limited [1998] KECA 276 (KLR)

✦ The appeal must be determined solely under the provisions of section 35 (1) of the Arbitration Act, that is, Act No. 4 of 1995.

[1998] KECA 276 (KLR) Court of Appeal

JOHN KAGO NDUNGU v JAMES WAMBUGU KARIMI [1998] KECA 35 (KLR)

✦ The appeal is dismissed with costs, and the award may not be turned into judgment of the court.

[1998] KECA 35 (KLR) Court of Appeal

FRANCIS MWANZA MULWA vs LUCIA MWELU & ANOTHER [1998] KECA 195 (KLR)

✦ The appeal is dismissed with costs. It is concluded that Mulwa obtained a loan in the name of Lucia, and he is responsible for the payment of the purchase price.

[1998] KECA 195 (KLR) Court of Appeal

HOUSING FINANCE COMPANY OF KENYA LIMITED vs FAITH W. KIMERIAH & ANOTHER [1998] KECA 84 (KLR)

✦ The appeal is allowed. The orders made by the superior court are set aside in their entirety. The appellant is dismissed from the suit.

[1998] KECA 84 (KLR) Court of Appeal

GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)

✦ The appeal is dismissed with costs, and the order is approved as settled by the learned single judge.

[1998] KECA 32 (KLR) Court of Appeal

GLADYS WANJIRU vs TERESA CHEPSHAT & 5 OTHERS [1998] KECA 115 (KLR)

✦ The application is granted in the discretion of the court, and the notice of appeal and record of appeal are ordered to be filed within the next 10 and 30 days, respectively.

[1998] KECA 115 (KLR) Court of Appeal