Court of Appeal judgments

George Kihara Mbiyu v Sifa International Ltd & 5 others [2002] KECA 119 (KLR)

✦ The application fails and is dismissed with costs to the respondents.

[2002] KECA 119 (KLR) Court of Appeal

Saltec International Limited & another v Industrial Development Bank & another [2002] KECA 101 (KLR)

✦ The application is allowed, and the notice of appeal is to be lodged within seven days from the date of the ruling, and the Memorandum of Appeal within thirty days.

[2002] KECA 101 (KLR) Court of Appeal

GIRO COMMERCIAL BANK LIMITED vs HALID HAMAD MUTESI [2002] KECA 158 (KLR)

✦ The appeal is allowed, the order of injunction is set aside

[2002] KECA 158 (KLR) Court of Appeal

Standard Limited & 2 others v Wilson Kalya & another t/a Kalya & Company Advocates [2002] KECA 234 (KLR)

✦ We are prepared to assume in favour of the applicants that the appeal or proposed appeal is an arguable one.

[2002] KECA 234 (KLR) Court of Appeal

Jacob Ochieng' Muganda v Housing Finance Company of Kenya Limited [2002] KECA 109 (KLR)

✦ The application fails and must be and is hereby dismissed with costs to the respondent.

[2002] KECA 109 (KLR) Court of Appeal

Russel Company Ltd v Land Development Ltd [2002] KECA 48 (KLR)

✦ The application is dismissed with no order as to costs.

[2002] KECA 48 (KLR) Court of Appeal

Samuel Mwaura Muiruri & 2 others v Republic [2002] KECA 292 (KLR)

✦ The appeals are dismissed. The convictions for robbery are upheld, and the appellants are convicted under section 296(2) of the Penal Code for the use of violence. The appeals for rape are dismissed due to the medical evidence corroborating the victims' testimonies.

[2002] KECA 292 (KLR) Court of Appeal

Samuel Kipleting Rono v Agricultural Finance Corporation [2002] KECA 243 (KLR)

✦ The preliminary objection is rejected with costs. The application to proceed is granted.

[2002] KECA 243 (KLR) Court of Appeal

Pamela Mary Kikumu v Francis Mwanza Mulwa [2002] KECA 139 (KLR)

✦ The execution of the judgment and decree of Mwera J given on 14th March, 2001 is stayed pending the determination of the intended appeal.

[2002] KECA 139 (KLR) Court of Appeal

Overseas Trading Co Ltd. T/A Decora Nova v Shah Hirji Manek Ltd Bambis Agenvies Limited [2002] KECA 125 (KLR)

✦ We grant orders in terms of the motion, but make no order as to costs.

[2002] KECA 125 (KLR) Court of Appeal

VICTORIA K. WILLS vs BURKHARD KOARTIS [2002] KECA 169 (KLR)

✦ The notice of appeal is struck out with costs including the costs of the motion.

[2002] KECA 169 (KLR) Court of Appeal

Ezra Odondi Opar v Total Kenya Ltd [2002] KECA 157 (KLR)

✦ The appeal is dismissed with costs, and the learned Judge's decision to decline to strike out the defence and counter-claim is upheld.

[2002] KECA 157 (KLR) Court of Appeal

James Herberts Odhiambo v Far East Chinese Medical Centre & another [2002] KECA 45 (KLR)

✦ The application for extension of time is dismissed with costs.

[2002] KECA 45 (KLR) Court of Appeal

Wainaina Kihiko "A" v Kariuki Kihiko [2002] KECA 21 (KLR)

✦ The application for extension of time to serve a notice of appeal was adjourned and stood over generally.

[2002] KECA 21 (KLR) Court of Appeal

Unilink Kenya Limited v David Merrick Evans [2002] KECA 160 (KLR)

✦ The appeal is allowed, and the judgment striking out the appellant's counter-claim and entering judgment for the respondent is set aside. The suit must proceed to trial in the normal manner.

[2002] KECA 160 (KLR) Court of Appeal

Hubert L. Martin & 2 Others Vs Margaret Kamar & 3 Others [2002] KECA 200 (KLR)

✦ The application for an injunction is granted, restraining the respondents from trespassing onto or interfering with the property until the final determination of the applicants' intended appeal.

[2002] KECA 200 (KLR) Court of Appeal

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others [2002] KECA 42 (KLR)

✦ The court held that the appellants' preconditions were unreasonable and that the application to strike out the petition was not an abuse of the process of the court.

[2002] KECA 42 (KLR) Court of Appeal

J.A. Amendi T/A Amena Amendi J. & Co. Advocates v Joshua Ombango Odera [2002] KECA 108 (KLR)

✦ The application for stay of execution pending an appeal is dismissed with costs at Shs 2,000/- payable within 10 days failing which execution may issue.

[2002] KECA 108 (KLR) Court of Appeal

Evanson Gitau v R & K Investments Ltd [2002] KECA 258 (KLR)

✦ The Deputy Registrar's discretion is reviewed, and the balance is reduced to K.Shs.63,734/=.

[2002] KECA 258 (KLR) Court of Appeal

Francis Miaka M'itabari & another v Republic [2002] KECA 276 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the conviction for murder.

[2002] KECA 276 (KLR) Court of Appeal

Southern Credit Banking Corporation Ltd v Tulip Apartments Ltd & another [2002] KECA 177 (KLR)

✦ The application for urgency is declined as there is no need for it. The applicant's interests will be preserved in all the circumstances of the case.

[2002] KECA 177 (KLR) Court of Appeal

Hussein Ibrahim Rassa & another v Republic [2002] KECA 83 (KLR)

✦ The appeal by Jirma is dismissed, and the appeal by Ibrahim is allowed. Ibrahim's conviction is quashed and set aside.

[2002] KECA 83 (KLR) Court of Appeal

TINYI RANGE MANGERA v REPUBLIC [2002] KECA 33 (KLR)

✦ The appeal is dismissed. The charge against the appellant was proved beyond reasonable doubt and it was safe to convict.

[2002] KECA 33 (KLR) Court of Appeal

Grace Wanjiru Njihia v Joseph Mburu Kimuku [2002] KECA 213 (KLR)

✦ The application is dismissed with costs to the respondent.

[2002] KECA 213 (KLR) Court of Appeal

Hannah Wanjiru Wanganga v Berco Auto Spares Ltd [2002] KECA 193 (KLR)

✦ The appeal is successful, the injunction is set aside, and the respondent's application for an injunction is dismissed with costs.

[2002] KECA 193 (KLR) Court of Appeal

Kenyan case law