Kenyan case law
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In re Kemusalt Parkers Productions Limited (In Receivership) [2019] KECA 18 (KLR)
✦ A mandatory injunction should be granted to protect the applicant's property and operations from the respondents' management.
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Centre for African Family Studies (CAFS) v Jonathan Spangler [2019] KECA 16 (KLR)
✦ The Court finds Spangler's employment was unfairly terminated and dismisses the claims for redundancy and violation of rights.
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Director of Public Prosecution v Praxidis Namoni Saisi & 2 others [2019] KECA 15 (KLR)
✦ We are satisfied that the trial court misdirected himself and set aside the High Court judgment, allowing both appeals.
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David Rowland Matende & another v Joshua Akeyo Ogendo [2019] KECA 291 (KLR)
✦ The application for extension of time to file a Notice of Appeal is allowed. The applicant shall file and serve the Notice of Appeal within seven (7) days from the date of the judgment and the Record of Appeal within thirty (30) days of the service of the Notice of Appeal.
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Douglas Mbugua Mungai v Harrison Munyi [2019] KECA 376 (KLR)
✦ The appeal is allowed, and the High Court's decision is set aside. The suit filed by the respondent is dismissed, and the appellant is granted orders (a) and (b) above.
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Attorney General & 2 others v L.T. Benjamin Muema [2019] KECA 375 (KLR)
✦ The court found that the respondent's removal from employment was lawful and that the claim for malicious prosecution was not time-barred.
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Market Plaza Limited v Commissioner for Lands & 3 others [2019] KECA 383 (KLR)
✦ The High Court's decision to decline to grant judicial review orders was not plainly wrong.
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Kuldip Madan Sapra & another v Director of Public Prosecutions [2019] KECA 380 (KLR)
✦ We find that Mr. Kilukumi can represent the victim, Dr. Nisha Suppra, and order that he be served with the motion and allowed to file and make submissions.
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Accredo AG & 3 others v Steffano Uccelli & another [2019] KECA 385 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Kamau James Gitutho & 3 others v Multiple Icd (K) Limited & another [2019] KECA 379 (KLR)
✦ The Court of Appeal held that the initial contract had not been varied and that the applicants were only entitled to Kshs.83,798,196.39 as outstanding fees.
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Kadzo Charo v Alex Nzai Dzombo [2019] KECA 377 (KLR)
✦ The court affirmed the judgment of the Environment and Land Court, declaring the respondent to be the legal/beneficial owner of the 6 acres of land and permanently restraining the defendants or their assignees, agents, and servants from interfering with the respondent's enjoyment and quiet possession of the land.
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Kwanza Estates Limited v Dubai Bank Kenya Limited (In Liquidation) & 2 others [2019] KECA 387 (KLR)
✦ The appeal is allowed, and the High Court's ruling is set aside. The appellant is directed to amend its plaint by adding the 3rd respondent as the 3rd defendant and file a fresh bundle of documents and witness statements.
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Attorney General & another v Rahimkhan & 4 others (Civil Appeal 30 of 2018) [2019] KECA 386 (KLR) (21 August 2019) (Judgment)
✦ The appeal is partly successful, with the declaration of rights violations set aside and an order for reassessment of compensation for the compulsory acquisition of the suit property made.
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Mabel Kibore v National Oil Corporation of Kenya Limited [2019] KECA 411 (KLR)
✦ The Notice of Appeal is struck out and the stay of execution orders are vacated.
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Mungai Njoroge & another v Kiarie Njoroge & another [2019] KECA 406 (KLR)
✦ The application for leave to amend the memorandum of appeal is granted. The applicant is ordered to file and serve a supplementary record of appeal comprising the amended memorandum of appeal within the next fourteen days from the date of this ruling.
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Devika Shaileshkumar Patel & 2 others v Shilpan Patel (Suing as the Executor of the Estate of Nataverbhai Prabhai Vallabhai Patel) & another [2019] KECA 424 (KLR)
✦ The application is dismissed with costs as it lacks merit.
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Capital Markets Authority v Institute of Certified Public Accountants of Kenya & 3 other [2019] KECA 398 (KLR)
✦ The application succeeds. The orders issued on 23rd October, 2018 are set aside, the notice of motion dated 28th August, 2018 is restored to be heard on merit, and the 2nd respondent shall have the costs of this application.
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Mwambeja Ranching Company Ltd & another v Kenya National Capital Corporation (Civil Appeal 30 of 2018) [2019] KECA 436 (KLR) (6 August 2019) (Judgment)
✦ The Court of Appeal dismissed the appeal.
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National Bank of Kenya v Mutonya (Civil Appeal 118 of 2017) [2019] KECA 404 (KLR) (6 August 2019) (Judgment)
✦ The termination was procedurally unfair and the court could not grant both main and alternative relief.
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Kireru Kapoya & 2 others v Simon Mutunkei Kapoya & another [2019] KECA 415 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Ethics and Anti Corruption Commission & 5 others v Ongwenyi & 3 others (Civil Appeal 229 of 2017) [2019] KECA 438 (KLR) (6 August 2019) (Judgment)
✦ The appeal is partly successful on the ground of joinder of the 2nd to 6th appellants. The appeal lacks substance and is dismissed with costs to the 1st respondent.
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Ahmed Golicha Galma v Republic [2019] KECA 425 (KLR)
✦ The appeal on conviction is dismissed. The death sentence is set aside and substituted with a term of imprisonment. The case is remitted to the High Court for mitigation and determination of the appropriate sentence.
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Global Apparels (EPZ) Limited v Attorney General & 2 others [2019] KECA 432 (KLR)
✦ The appeal succeeds on the ground of costs. The High Court acted on wrong principles.
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Charles Kahende Kinuthia & another v Naomi Nyabae Kamuyu [2019] KECA 427 (KLR)
✦ The High Court's decision to redistribute the deceased's property in favor of the respondent and her late sister Nditiai is upheld, and the appellants' appeal is dismissed.
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Nderi Wathuko Chongo & another v Samuel Njoroge Wathuko & another [2019] KECA 440 (KLR)
✦ The application is dismissed with no orders as to costs. The delay has been inordinate, no sufficient reason or reasons have been proffered, and the respondents will be prejudiced.