Court of Appeal judgments

BENSON AMAYI DKADIZA vs REPUBLIC [2001] KECA 57 (KLR)

✦ The application for extension of time to file an appeal out of time is dismissed.

[2001] KECA 57 (KLR) Court of Appeal 15 January 2001

Ukay Estates Limited & another v Shah Hirji Manek Ltd. & 2 others [2001] KECA 244 (KLR)

✦ The application is taken out of the list for today and stood over generally.

[2001] KECA 244 (KLR) Court of Appeal 3 January 2001

Francis Kariuki Njiru & 7 others v Republic [2001] KECA 58 (KLR)

✦ The appeals of the 3rd, 4th, and 5th appellants are allowed, convictions are quashed, and sentences are set aside. Appeals of the 1st, 6th, 7th, and 8th appellants are dismissed.

[2001] KECA 58 (KLR) Court of Appeal

Wilson Omondi Ochieng' v Republic [2001] KECA 305 (KLR)

✦ The appeal is abated due to the appellant's absence.

[2001] KECA 305 (KLR) Court of Appeal

Wachira Waruru & another v Francis Oyatsi [2001] KECA 200 (KLR)

✦ The appeal is allowed, the ex-parte orders are set aside, and the application to set aside the ex-parte orders is set down for hearing inter partes before a judge other than Patel, J.

[2001] KECA 200 (KLR) Court of Appeal

Herbert Asava & 10 others v Timothy Bilindi & 3 others [2001] KECA 153 (KLR)

✦ The appeal is allowed with costs. The judgment appealed from is set aside and the application in the superior court dated 19th March, 1999 is dismissed with costs.

[2001] KECA 153 (KLR) Court of Appeal

Spares and Industries Limited v Fina Bank Limited [2001] KECA 220 (KLR)

✦ The application fails and is dismissed with costs.

[2001] KECA 220 (KLR) Court of Appeal

Topen Industries Ltd v Afrolite Industries Ltd [2001] KECA 29 (KLR)

✦ The appeal is allowed with costs.

[2001] KECA 29 (KLR) Court of Appeal

Samuel Ndungu Gitu v Danson Ndungu & 2 others [2001] KECA 268 (KLR)

✦ The appeal is allowed, the decree of the superior court is set aside, and the transfers of the suit property to and from the defendants are valid and lawful.

[2001] KECA 268 (KLR) Court of Appeal

Farida Kimotho v Ernest Maina [2001] KECA 280 (KLR)

✦ The appeal is allowed with costs, the order of dismissal for 'lack of prosecution' is set aside, and the suit will be heard by any judge

[2001] KECA 280 (KLR) Court of Appeal

First American Bank of Kenya Limited & another v Grandways Venture Limited [2001] KECA 76 (KLR)

✦ The application is granted, and the time for service of the notice of appeal is extended. The notice of appeal is deemed properly served.

[2001] KECA 76 (KLR) Court of Appeal

Text Book Centre Limited v Kipyator Nicholas Kiprono Biwott [2001] KECA 241 (KLR)

✦ All four applications are dismissed with costs.

[2001] KECA 241 (KLR) Court of Appeal

Swanya Limited v Daima Bank Limited [2001] KECA 234 (KLR)

✦ The application for stay of execution pending appeal succeeds and is granted.

[2001] KECA 234 (KLR) Court of Appeal

Gateway Insurance Co. Limited v Joseph Kinyanjui Haron [2001] KECA 66 (KLR)

✦ The application to strike out the Notice of Appeal is dismissed with costs.

[2001] KECA 66 (KLR) Court of Appeal

GEORGE NGANGA NJENGA vs REPUBLIC [2001] KECA 165 (KLR)

✦ The present appeal is struck out.

[2001] KECA 165 (KLR) Court of Appeal

STEPHEN MBONDOLA,FANUEL JUMA & ALI OUMA vs REPUBLIC [2001] KECA 99 (KLR)

✦ The convictions and sentences are quashed, and the appellants are set at liberty.

[2001] KECA 99 (KLR) Court of Appeal

Stephen Kinoro Kamau v Wanjiku Kinuthia & Nyakiega Kinuthia [2001] KECA 73 (KLR)

✦ The application is allowed, and leave is granted to file the Record of Appeal out of time within 21 days.

[2001] KECA 73 (KLR) Court of Appeal

Kenya Shell Limited v James G. K. Njoroge [2001] KECA 33 (KLR)

✦ The Court of Appeal dismissed the reference, stating that the single Judge's decision was correct and that the respondent had not discharged the duty of showing that the learned single Judge erred in principle.

[2001] KECA 33 (KLR) Court of Appeal

Peter Kariuki Kibue v Republic [2001] KECA 297 (KLR)

✦ The appellant's conviction and sentence are upheld. The concurrent findings of fact by both courts below on possession of stolen items are not disturbed.

[2001] KECA 297 (KLR) Court of Appeal

STANLEY KAIYONGI MWENDA vs CYPRIAN KUBAI [2001] KECA 275 (KLR)

✦ The court dismissed the motion for stay of execution as there is no arguable appeal and the issue of the appeal being rendered nugatory does not arise.

[2001] KECA 275 (KLR) Court of Appeal

TOBIAS ONG' ANY AUMA& OTHERS v KENYA AIRWAYS CO-OPERATION [2001] KECA 4 (KLR)

✦ Each plaintiff shall be paid compensation equivalent to the remainder of their term of service with the defendant based on the retirement age, excluding allowances and discounted by one third to account for unforeseen events.

[2001] KECA 4 (KLR) Court of Appeal

Standard Chartered Bank Ltd v Florence Mueni Kyalo [2001] KECA 62 (KLR)

✦ The court extends the time to file a fresh Notice of Appeal by 7 days and a record of appeal by 30 days

[2001] KECA 62 (KLR) Court of Appeal

Samuel Mugo Karanja v Chiriro Ndereba Njiri [2001] KECA 126 (KLR)

✦ The application for extension of time to file the record of appeal out of time is allowed, and the record of appeal is ordered to be lodged within the next 30 days. The applicant will pay the costs of the application to the respondent, which are assessed at Shs.10,000/=. These costs must be paid within the next 30 days failing which execution may issue.

[2001] KECA 126 (KLR) Court of Appeal

Patrick Kariuki Mwakanu v Republic [2001] KECA 31 (KLR)

✦ The motion is allowed and the time for lodging the notice of appeal is extended to the 30th March, 2001.

[2001] KECA 31 (KLR) Court of Appeal

Praying Mantis Ltd v James Onyango t/a Nyaluoyo Auctioneers [2001] KECA 67 (KLR)

✦ The application is granted, and the time within which to file and serve the Notice of Appeal is extended by 10 days from the date of the ruling, and the time within which to file and serve the Record of Appeal is extended by 30 days thereafter.

[2001] KECA 67 (KLR) Court of Appeal

Kenyan case law