Kenyan case law
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HARBHAJAN SINGH SEMBI vs LAKELAND MOTORS LIMITED & 52 OTHERS [1998] KECA 121 (KLR)
✦ The motion is struck out with costs to the respondents as the applicant did not seek leave to appeal and the superior court's order is not appealable.
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HAIRCARE BEAUTICIANS LTD. vs STANDARD PROPERTIES LTD. & ANOTHER [1998] KECA 113 (KLR)
✦ A mandatory injunction is issued against the respondent to restore possession of the suit premises to the applicant. There will be a stay as prayed pending the hearing of the intended appeal.
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JAMES MWASHORI MWAKIO vs KENYA COMMERCIAL BANK LTD [1998] KECA 192 (KLR)
✦ The appeal is dismissed with costs, and the application is dismissed with costs.
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Zedekiah Ogada v Albert Ogutu [1998] KECA 106 (KLR)
✦ The appeal is incompetent and is struck out with costs to the respondent assessed at Shs.5,000/=. The respondent will also hear the costs of the motion assessed at Shs.1,000/=. The costs awarded to the respondent to be paid within sixty (60) days and in default execution to issue.
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FRANCIS KAMANDE v VANGUARD ELECTRICAL SERVICES LTD [1998] KECA 33 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Stephen Twanze & another v Republic [1998] KECA 56 (KLR)
✦ The first appellant was properly convicted and his appeal is dismissed. The second appellant's appeal is allowed, conviction and sentence are quashed, and he is set at liberty.
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JAMES MWASHORI MWAKIO vs HONOURABLE ATTORNEY GENERAL AND TWO OTHERS [1998] KECA 138 (KLR)
✦ The appeal is dismissed as the learned single Judge exercised his discretion after a careful consideration of the issues and the records.
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John Kipkemboi Sum v Lavington Security Guards Limited [1998] KECA 274 (KLR)
✦ We allow this appeal, set aside all the orders of the superior court made on 24th April, 1998 and substitute therefor an order dismissing with costs the respondent's application dated 25th March, 1998. The appellant will have the costs of this appeal.
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Nasir Ibrahim Ali & 2 others v Kamlesh Mansukhlal Damji Pattni & another [1998] KECA 181 (KLR)
✦ The Receiver/Manager, Mr. Michael Scanlon, is ordered to account for the management, control, and operations of the third applicant in the Kenya Duty Free Complex.
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SALIM MENZA MGANGA vs REPUBLIC [1998] KECA 89 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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TAHIR SHEIKH SAID TRANSPORTERS (K) LIMITED vs CHARLES MUGABO [1998] KECA 232 (KLR)
✦ The application for a stay of execution is granted subject to the applicant paying K.Shs.200,000 and depositing K.Shs.500,000 into an interest-earning account in the joint names of both counsel.
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HON. JOHN NJOROGE MICHUKI & ANOTHER vs ANDREW MUNGAI MUTHEMBA & ANOTHER [1998] KECA 146 (KLR)
✦ The application to strike out the appeal is dismissed with costs to the respondents.
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SUN AND FUN LIMITED & ANOTHER vs SAMUEL KANOGO RITHO & ANOTHER [1998] KECA 194 (KLR)
✦ The applicants' Notice of Motion is struck out with costs to the respondents.
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GICHERU KAHIU & 2 OTHERS vs MUNIU KAHIU [1998] KECA 229 (KLR)
✦ The applicants should lodge their intended appeal within the remaining 17 days
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TANGA MUNDEKE D.K v REPUBLIC [1998] KECA 15 (KLR)
✦ The appeal is allowed, and the orders of the High Court dismissing the Appellant's appeal and the Senior Principal Magistrate ordering the extradition are quashed. The Appellant is hereby released from imprisonment.
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KIHONGE NGANGA & 2 OTHERS vs KENYA COMMERCIAL FINANCE COMPANY LTD [1998] KECA 218 (KLR)
✦ The application is granted. The applicants will file their notice of appeal within seven days from today and their record of appeal within thirty days thereafter. The respondent will have costs of this application which, to save time, I assess at Kshs. 6000.
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George Ngesa Ouma v Republic [1998] KECA 190 (KLR)
✦ The conviction is upheld as there was ample proof by credible evidence.
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MALINDI AIR SERVICES & ANOTHER vs HALIMA ABDINOOR HASSAN [1998] KECA 111 (KLR)
✦ The court granted the application for a stay of execution and ordered the plaintiff to redeliver the aircraft to the defendants.
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Francis Kamande v Vanguard Electrical Services Ltd [1998] KECA 59 (KLR)
✦ The appeal is dismissed with costs to the respondent. The learned trial Judge was right in refusing to strike out the defence and counterclaim.
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TREE SHADE MOTORS LIMITED vs JOSEPH RADING WASAMBO[1998] [1998] KECA 264 (KLR)
✦ The application is granted and the Notice of Appeal and the appeal are struck out. The respondent will have the costs of the motion and the appeal.
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TABITHA WANGECHI NDERITU v SIMON NDERITU KARIUKI [1998] KECA 44 (KLR)
✦ The appeal is allowed, and the appellant is awarded 50% of all disputed properties subject to the litigation.
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GEOFFREY KIHUNYU WANJURA v GICHINI KIGUTA & another [1998] KECA 38 (KLR)
✦ The appeal is dismissed
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William Gatuhi Murathe v Gakuru Gathimbi [1998] KECA 26 (KLR)
✦ The respondent's adverse possession against the appellant was interrupted by the appellant's possession suit filed in 1984, and the respondent had not been in uninterrupted adverse possession for more than twelve years.
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William Abira Kebaki v Edward Obino Kenyariri & another [1998] KECA 166 (KLR)
✦ The appeal is dismissed with no order as to costs.
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ZEBRON NGUKU MOTE vs EPHANTUS MOTE WAKARIA [1998] KECA 127 (KLR)
✦ The appeal is dismissed with costs.