Kenyan case law
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Kericho Technical Institute v Finmax Community Based Group & 3 others [2016] KECA 478 (KLR)
✦ The notice of appeal was struck out and the applicant was awarded costs.
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Villa Care Management Limited v George Nduati Munene [2016] KECA 476 (KLR)
✦ The High Court's injunction restraining the applicant from managing the housing units is upheld.
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Moses Mbaya v Republic [2016] KECA 459 (KLR)
✦ The appeal is dismissed. The learned judge's findings are well-founded on the evidence on the record.
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Mutanga Tea and Coffee Company Limited v Shikara Limited & another [2016] KECA 469 (KLR)
✦ The Court declines to certify the intended appeal as involving a matter of general public importance and dismisses the application with costs.
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Nyutu Agrovet Limited v Airtel Network Kenya Limited [2016] KECA 444 (KLR)
✦ We find merit in the applicant's Notice of Motion and allow it. We order that each party shall bear its own costs in this application.
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Ajay Shah v Deposit Protection Fund Board as Liquidator of Trust Bank Limited (In Liquidation) [2016] KECA 436 (KLR)
✦ The court determined that the relationship between a bank and its customer is a debtor/creditor relationship, not a trust relationship. The 1st respondent's claim is not based on a duty owed by the respondents to the customers of Trust Bank. The 1st respondent's suit and claim are premised upon the duty that a director owes to a company.
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Alfeen Mehdimohammed v Basil Feroz Mohamed & 223 Others [2016] KECA 480 (KLR)
✦ The respondents are entitled to be registered as proprietors of the suit land by prescription.
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Compar Investments Limited v National Land Commission & 3 others [2016] KECA 437 (KLR)
✦ The court found the intended appeal arguable and that it would be rendered nugatory if the stay was not granted, thus granting the injunction and stay.
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Caltex Oil (Kenya) Ltd v Rono Ltd (Civil Appeal 97 of 2008) [2016] KECA 457 (KLR) (17 June 2016) (Judgment)
✦ The court upholds the appellant's preliminary objections and sets aside the High Court's order, substituting an order upholding the preliminary objection with costs to the respondent.
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Kwanza Estates Limited v Dubai Bank of Kenya limited (in liquidation) & another [2016] KECA 465 (KLR)
✦ The appeal is dismissed with costs.
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Weston Wanje Wepukhulu v Republic [2016] KECA 468 (KLR)
✦ The conviction is quashed and sentence set aside. The appellant shall be set free.
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Rupa Cotton Mills (Epz) Ltd v Bank of Baroda (K) Ltd [2016] KECA 445 (KLR)
✦ The appeal was filed within 60 days of the delivery of proceedings and judgment, and the notice of motion dated February 11, 2013, is hereby dismissed for lacking in merits with costs to the respondent.
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Okiya Omtata Okoiti & another v Okiya Omtata Okoiti & 4 others [2016] KECA 456 (KLR)
✦ We are satisfied on the averments of the applicants that they were prevented by the traffic of Nairobi from being in court when their matter was called. We therefore allow the application and restore the Motion dismissed on 19th January, 2016.
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Omari Bakari v Republic [2016] KECA 453 (KLR)
✦ The appellant's trial is not null and void due to the lack of legal representation and prompt notification.
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Peter Ngari Kagume & 6 others v Attorney General [2016] KECA 442 (KLR)
✦ The appeals are dismissed as the appellants failed to prove their allegations and waived their constitutional challenges.
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Kenya Commercial Bank Limited v Pickwell Properties Limited [2016] KECA 449 (KLR)
✦ The applicant is granted leave to file and serve the record of appeal within 21 days of this ruling.
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Registered Trustees of Maximum Miracle Centre v Andrew Mlewa Mkare [2016] KECA 473 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Belgo Holdings Limited v Robert Kotch Otachi & another [2016] KECA 441 (KLR)
✦ The court finds merit in the applicant's notice of motion and sets aside the stay order, allowing the applicant's appeal.
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I P Veronica Gitahi & another v Republic [2016] KECA 467 (KLR)
✦ Allowing the victim's representative, Mr. Ndubi, to make submissions on the question of sentence imposed by the trial court
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Dinesh Kumar Jetha v Fina Bank Limited [2016] KECA 448 (KLR)
✦ The application for stay of the judgment and ruling of Khaminwa, J. and the ruling of Havelock, J. amending the judgment of Khaminwa, J. is dismissed with costs.
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Reuben Matiro Mbilishe v Republic [2016] KECA 466 (KLR)
✦ The Court of Appeal allowed the appeal and substituted the conviction for the offence of murder with that of manslaughter, set aside the death sentence, and sentenced the appellant to the term already served.
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Timsales Limited v Samuel Kamore Kihara [2016] KECA 487 (KLR)
✦ The learned judge's order setting aside the orders of Hon. Onditi SRM is affirmed. The learned judge's orders that he had jurisdiction to finally determine the issues are set aside. The matter is remitted back to the subordinate court to proceed according to law.
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Harrison Oyari & 588 others v Mareo Oriambu & 22 others [2016] KECA 496 (KLR)
✦ The appeal is dismissed, and the appellants' claim is rejected.
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Mugure Mahinda v Ali Mohammed Farah [2016] KECA 488 (KLR)
✦ The court granted leave to file the Notice of Appeal and ordered copies of the proceedings to be provided.
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Bahati Women Company Limited v Stephen Karimi Muruga & 6 others [2016] KECA 490 (KLR)
✦ The Court granted the application for stay of execution of the consent order and resultant decree pending the hearing and determination of the intended appeal.