Kenyan case law

TRUST BANK LIMITED v GEORGE ONGAYA OKOTH [2000] KECA 375 (KLR)

TRUST BANK LIMITED v GEORGE ONGAYA OKOTH (Civil Appeal 177 of 1998) [2000] KECA 13 (KLR) (14 January 2000) (Judgment)

✦ The appeal is dismissed with costs to the respondent. The notice of intention to sell the mortgaged properties was not valid as it did not comply with the statutory notice requirements.

JACKSON NGURU MIRUGI vs REPUBLIC [2000] KECA 159 (KLR)

✦ The applicant's motion is allowed, and orders are made for filing a notice of appeal and record of appeal within specified timeframes

THE OFFICIAL RECEIVER & PROVISIONAL LIQUIDATOR OF KENYA NATIONAL ASSURANCE CO. LTD (IN LIQUIDATION) v JOHN GITICHE MBAO [2000] KECA 355 (KLR)

✦ The appeal is dismissed with costs.

George Otieno Awino vs Republic [2000] KECA 82 (KLR)

✦ The appeal is allowed in part, with the sentences for common assault and malicious damage to property reduced to one year each, to be served concurrently.

Shakhalaga K Jirongo v Trust Bank Limited [2000] KECA 348 (KLR)

✦ The notice of appeal cannot be amended under rule 85(2A) of the Court of Appeal Rules. The notice of appeal cannot be deemed withdrawn under rule 82(a) of the Court of Appeal Rules by a single judge of the Court of Appeal.

JEREMAIAH WANGOMBE WACHIRA & ANDREW MACHARIA KIRATHO ) vs REPUBLIC [2000] KECA 77 (KLR)

✦ The court grants the applicants' application for leave to file their memorandum of appeal out of time and orders them to file it within seven days from the date of the judgment.

Trimborn Agricultural Engineering Limited V David Njoroge Kabaiko & Another [2000] KECA 28 (KLR)

✦ The appeal was struck out due to the late filing of the Notice of Appeal and the defect in the Notice of Appeal.

Said Hemed Said v Emmanuel Karisa Maitha & another [2000] KECA 423 (KLR)

✦ The appeal is successful, and the ruling of the learned judge is set aside. The appellant's counsel is allowed to file a formal application and submit on matters discovered during the scrutiny.

Vijay Morjaria v Nansingh Madhusingh Darbar & another [2000] KECA 223 (KLR)

✦ The appeal is allowed with costs. The learned Judge's orders are set aside.

ICERBERG REFRIGERATION LTD.,GULIANO CARPAGNA & JOHN GATHU NG'ANG'A vs FIDELITY COMMERCIAL BANK LIMITED [2000] KECA 328 (KLR)

✦ The application is allowed and the time for lodging the record of appeal is extended by 14 days from the date of the judgment.

Express (K) Ltd v Manju Patel [2000] KECA 212 (KLR)

✦ The applicant's application is dismissed with costs to the respondent.

WILSON MAINA MURAGE vs REPUBLIC [2000] KECA 138 (KLR)

✦ The Court allows the appeal, sets aside the summary rejection of the appeal by the High Court, and remits the appeal to the High Court for full hearing.

GEORGE MWANGI KARANJA & PETER NDEGWA KAMONDE vs NELIUS WAIRIMU KIUNJURI [2000] KECA 294 (KLR)

✦ The motion is allowed and the applicants are ordered to file their notice of appeal within seven days and to lodge their record of appeal within fourteen days.

THIKA MUNICIPAL COUNCIL & ANOTHER v JANE NYAMBURA [2000] KECA 369 (KLR)

✦ The motion is allowed, and the applicants are ordered to file their notices of appeal within seven days and their record of appeal within fourteen days from the date the notices are lodged. The respondent is awarded costs of Shs.5,000/= to be paid within 15 days.

Yashvin Shretta v Vadag Establishment & 10 others [2000] KECA 272 (KLR)

✦ The application to strike out the appeal is dismissed with costs.

THE GOVERNMENT OF THE UNITED STATES OF AMERICA v JOSEPH MUIRURI GITHONGO [2000] KECA 213 (KLR)

Trimborn Agricultural Engineering Limited V David Njoroge Kabaiko & Another [2000] KECA 9 (KLR)

✦ The appeal is struck out due to the defective notice of appeal and the incomplete record.

THE OFFICIAL RECEIVER AND LIQUIDATOR v FREIGHT FORWARDERS KENYA LIMITED [2000] KECA 357 (KLR)

✦ The Court allowed the appeal and set aside the High Court's order, allowing the Official Receiver to review the order of April 28, 1994.

William Onginjo Kanga v Erick Otieno Mawira [2000] KECA 255 (KLR)

✦ the appeal is allowed, and the case is remitted to the superior court for hearing

WILLIS OKEYO ONGUTO vs REPUBLIC [2000] KECA 152 (KLR)

✦ The appellant's conviction is quashed due to a serious doubt as to the correctness of the identification of the appellant.

WILSON MAINA MURAGE vs REPUBLIC [2000] KECA 91 (KLR)

✦ The Court allows the appeal, sets aside the summary rejection of the appeal by the High Court, and remits the appeal to the High Court for full hearing.

STEPHEN MUGO MUTOTHORI & ANOTHER v KENYA COMMERCIAL BANK LTD & ANOTHER [2000] KECA 415 (KLR)

✦ The appeal is dismissed with costs to the respondents as the applicants have not satisfied the court that a stay of execution is necessary to render their appeal non-nugatory if successful.

GITAU NGANGA vs JOHN MWANGI KING'ORI [2000] KECA 349 (KLR)

✦ The Court dismissed the Applicant's application for extension of time, finding that the Applicant had been 'gravely indolent and guilty of inordinate delay' in the pursuit of his intended appeal.

TAI JEAN GARMENTS COMPANY LIMITED,NARESH DARBAR & BHUPENDRA DARBAR vs VIYAY MORJARIA [2000] KECA 327 (KLR)

✦ The application is granted, and the applicants are ordered to execute a bank guarantee in the sum of Shs. 7,000,000/= within 30 days from today. In default, the application will be dismissed with costs.