Court of Appeal judgments

Gitu v Ndungu & 2 others [2001] KECA 356 (KLR)

✦ The transfers of the suit property to and from the defendants are valid and lawful.

[2001] KECA 356 (KLR) Court of Appeal

Jacob Mwangi H. Murira & another (as administrators of the Estate of the Late Hadad Murira Karukwa & Waweru Karukwa) v John Mwage Kariuki [2001] KECA 187 (KLR)

✦ The application is allowed. The notice of appeal is to be lodged within the next ten days and the record of appeal within 30 days of the lodgment of the notice of appeal.

[2001] KECA 187 (KLR) Court of Appeal

Gateway Insurance Company Limited v Catherine Ndinda Munyao [2001] KECA 80 (KLR)

✦ The application succeeds and a stay of execution of the decree is granted pending the hearing and determination of the intended appeal.

[2001] KECA 80 (KLR) Court of Appeal

JACKSON KIMATHI MARETE vs REPUBLIC [2001] KECA 266 (KLR)

✦ The appellant's conviction for robbery with violence was sound, and his second appeal was dismissed.

[2001] KECA 266 (KLR) Court of Appeal

Grace Mwangi v David Kahira Mungai [2001] KECA 325 (KLR)

✦ The application is dismissed with costs to the respondent, assessed at Shs.5,000/=. The applicant is guilty of laches and the application and appeal have not been handled diligently.

[2001] KECA 325 (KLR) Court of Appeal

Geoffrey Orao - Obura v Martha Karambu Koome [2001] KECA 138 (KLR)

✦ The application is allowed and the time for filing the Notice of Appeal is extended by 15 days and the record of appeal is to be lodged within 21 days from the date of filing the Notice of Appeal. The respondent will have the costs of this application.

[2001] KECA 138 (KLR) Court of Appeal

GILBERT KIPKORIR KEMBOI vs REPUBLIC [2001] KECA 44 (KLR)

✦ The conviction for robbery with violence is set aside, and the appellant is convicted of simple robbery and sentenced to seven years imprisonment.

[2001] KECA 44 (KLR) Court of Appeal

GILBERT KIPKORIR KEMBOI vs REPUBLIC [2001] KECA 310 (KLR)

✦ The conviction for robbery with violence is set aside, and the appellant is convicted of simple robbery and sentenced to seven years imprisonment.

[2001] KECA 310 (KLR) Court of Appeal

James Karuga Kiiru v Joseph Mwamburi & 2 others [2001] KECA 354 (KLR)

✦ The appeal is dismissed with costs.

[2001] KECA 354 (KLR) Court of Appeal

United Insurance Co. Ltd v Stephen Ngare Nyamboki [2001] KECA 271 (KLR)

✦ The application for stay of execution of the High Court decree is granted and the execution is stayed until the hearing of the application.

[2001] KECA 271 (KLR) Court of Appeal

Ezekiel Ngare v Douglas Kahara [2001] KECA 281 (KLR)

✦ The application to file appeal as a pauper is granted, but the name of Douglas Kahara is struck out.

[2001] KECA 281 (KLR) Court of Appeal

Hamayun Khan v Republic [2001] KECA 45 (KLR)

✦ The conviction of the appellant is quashed, and he is ordered to be released from prison.

[2001] KECA 45 (KLR) Court of Appeal

Fortune Finance Ltd v Philip K. Matu & 2 others [2001] KECA 207 (KLR)

✦ We strike out both the appeal and the motion but with no order as to costs.

[2001] KECA 207 (KLR) Court of Appeal

Vipin Maganlal Shah & another v Investment & Mortgages Bank Limited & 2 others [2001] KECA 357 (KLR)

✦ The appeal is dismissed with no orders as to costs.

[2001] KECA 357 (KLR) Court of Appeal

Godffrey Ngumo Nyaga & another v Kenya Commercial Bank Ltd [2001] KECA 304 (KLR)

✦ The appeal is struck out with costs including the costs of the application to the respondent (Kenya Commercial Bank Ltd).

[2001] KECA 304 (KLR) Court of Appeal

Wallace Wambugu & 3 others v Kenya Commercial Bank Limited & another [2001] KECA 339 (KLR)

✦ The application fails and is dismissed with costs.

[2001] KECA 339 (KLR) Court of Appeal

GRACE WANJIRA MITAMBO & 3 OTHERS vs NDAMBIRI MUCHINE & ANOTHER [2001] KECA 283 (KLR)

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

[2001] KECA 283 (KLR) Court of Appeal

Finerate Forex Bureau Ltd v National Bank of Kenya Ltd [2001] KECA 261 (KLR)

✦ We allow the appeal and set aside the striking out of the suit in the superior court. The suit is restored to hearing.

[2001] KECA 261 (KLR) Court of Appeal

Express (Kenya) Limited v Manju Patel [2001] KECA 154 (KLR)

✦ The appeal is dismissed with costs, as the appellant failed to provide an explanation for the delay and there was no good defence.

[2001] KECA 154 (KLR) Court of Appeal

JOHN ODIERO NYANGEA vs REPUBLIC [2001] KECA 316 (KLR)

✦ The conviction is upheld as the essential ingredients of robbery with violence were clearly established and proved.

[2001] KECA 316 (KLR) Court of Appeal

Stephen Mugo Mutothori & another v Kenya Commercial Bank Ltd & another [2001] KECA 373 (KLR)

✦ The appeals are dismissed

[2001] KECA 373 (KLR) Court of Appeal

United Insurance Co Ltd v Mercedes Sanchez Rau Tussel [2001] KECA 118 (KLR)

✦ The application is dismissed with costs to the respondent.

[2001] KECA 118 (KLR) Court of Appeal

Titus Kiragu v Agricultural Development Corporation [2001] KECA 15 (KLR)

✦ The matter is not urgent and the judge refuses to certify it as such.

[2001] KECA 15 (KLR) Court of Appeal

Industrial & Commercial Development Corporation v Sum Model Industries Limited [2001] KECA 346 (KLR)

✦ The appeal is incompetent and is allowed to be struck out with costs

[2001] KECA 346 (KLR) Court of Appeal

Stephen Ndungu Kimari v Devkesh General Stores Ltd [2001] KECA 337 (KLR)

✦ The application is granted. The plaintiff is allowed to file a notice of appeal within ten days from the date of the ruling and serve the same upon the respondent within seven days of its filing. The record of appeal must be filed within forty-five days from the date of the filing of the notice.

[2001] KECA 337 (KLR) Court of Appeal

Kenyan case law