Kenyan case law
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Lalchand Fulchand Shah v Investments & Mortgages Bank Limited & 5 others [2018] KECA 492 (KLR)
✦ The appeal is dismissed with costs
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Pius Yattani Wario v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 490 (KLR)
✦ The appeal is dismissed in its entirety. The appellant and the 4th respondent shall jointly and severally pay costs of Kshs. 500,000.00 to the IEBC and a like sum to the 2nd respondent. They shall also pay costs of Kshs. 1,500,000.00 to the 3rd respondent.
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John Ndede Ochuodho v Republic [2018] KECA 484 (KLR)
✦ The appeal is dismissed, and the sentence of 25 years imprisonment is upheld.
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Eliud Wepukhulu Khaukha v Fred Wanyama Korosia & 12 others [2018] KECA 489 (KLR)
✦ The application is allowed, and the Notice of Appeal dated 7th October, 2016 is deemed as duly filed. The applicant shall file and serve its Record of Appeal within Thirty (30) days from the date of the order. Failure to comply with the time limits will result in the dismissal of the Notice of Motion with costs.
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Kisumu County Public Service Board & another v Samuel Okuro & 7 others [2018] KECA 472 (KLR)
✦ The learned judge's findings and judgment are upheld, except for the order of costs against the Governor, which is set aside and substituted with an order of costs against the appellants jointly.
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Seth Ambusini Panyako v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 486 (KLR)
✦ The Court of Appeal has no jurisdiction to extend the time limit for filing an appeal from the High Court in election petitions.
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Joseph Amisi Omukanda v Independent Electoral and Boundaries Commission (IEBC) & 2 others [2018] KECA 509 (KLR)
✦ The notice of appeal is hereby struck out with costs.
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Peter Odima Khasamule v Independent Electoral and Boundaries Commission (I.E.B.C.) & 2 others [2018] KECA 499 (KLR)
✦ The Notice of Appeal is struck out under Rule 84 of the Court of Appeal Rules with no orders as to costs.
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Mary Emaase Otucho v Geoffrey Omuse & another (IEBC) [2018] KECA 497 (KLR)
✦ The notice of appeal is struck out and costs are awarded to the first respondent.
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N N C v Republic [2018] KECA 515 (KLR)
✦ The failure to take a fresh plea is a non-fatal defect and the conviction and sentence are upheld.
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Chris Munga Bichage & 2 others v Independent Electoral & Boundaries Commission & 2 others [2018] KECA 504 (KLR)
✦ The notice of appeal was struck out with no orders as to costs due to the absence of both the appellant and the respondent.
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Aden Noor Ali v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 528 (KLR)
✦ The appeal has no merit and is dismissed. The order for payment of costs capped at Ksh.1,000,000 each to the IEBC and Shamalla is upheld. The appellant shall bear the costs of the appeal.
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David Kerario Marwa v Boaz Awiti Okoth & 2 others [2018] KECA 496 (KLR)
✦ The Notice of Appeal is struck out with no order as to costs.
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Christopher Odhiambo Karan v David Ouma & 2 others [2018] KECA 501 (KLR)
✦ The notice of appeal is withdrawn and the appeal is marked as withdrawn.
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Aden Noor Ali v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 3 (KLR)
✦ The appeal has no merit and is dismissed. The order for payment of costs capped at Ksh.1,000,000 each to the IEBC and Shamalla is upheld. The appellant is ordered to bear the costs of the appeal.
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Arthur Papa Odera v Edward Oku Kaunya [2018] KECA 498 (KLR)
✦ The notice of appeal is struck out with no orders as to costs.
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Abud Abdalla Omar and 28 others v Kenya Ports Authority & another [2018] KECA 404 (KLR)
✦ The appeal is dismissed with costs.
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DK Real Estate Limited v Deacons (East Africa) PLC & another [2018] KECA 414 (KLR)
✦ The appellant was not misjoined in the suit, and the orders granted were not beyond the scope of the pleadings. The trial court correctly granted summary judgment against the 2nd respondent and ordered the return of the equipment.
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Corrugated Sheets Limited v Kenya Revenue Authority [2018] KECA 410 (KLR)
✦ The appeal is allowed, and the respondent's decision to demand VAT arrears is quashed. The respondent is prohibited from demanding the amount for the period in question.
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Cyprian Awiti & another v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 536 (KLR)
✦ The motion is dismissed with costs.
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Jackton Nyanungo Ranguma v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 537 (KLR)
✦ The appeal has no merit and the judgment of the High Court is confirmed
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Azzuri Limited v Pink Properties Limited [2018] KECA 392 (KLR)
✦ Appeal dismissed with costs to the respondent
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Lubna Ali Sheikh Abdalla Bajaber & another v Chief Magistrate’s Court, Mombasa 2 others [2018] KECA 403 (KLR)
✦ The appeal is dismissed with costs to the 3rd respondent.
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Mombasa Teachers Co-operative Savings & Credit Society Limited v Robert Muhambi Katana & 15 others [2018] KECA 402 (KLR)
✦ The appellant's title over the suit property was indefeasible, and the respondents were declared trespassers.
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Manchar Singh Sagoo & another v Caroline Njeri Mwicigi & 3 others [2018] KECA 513 (KLR)
✦ The applicants have not satisfied the first limb of the test under Rule 5(2)(b) by showing that the appeal is arguable, and the application is dismissed.