Court of Appeal judgments

George Orango Orago v George Liewa Jagalo & 3 others [2010] KECA 304 (KLR)

✦ The appeal is allowed, the order dismissing the temporary injunction application is set aside, and an order allowing the application in terms of prayers (2) and (3) thereof is substituted.

[2010] KECA 304 (KLR) Court of Appeal

Simon Karanja Wainaina v Republic [2010] KECA 48 (KLR)

✦ The appeal is dismissed as the appellant's appeal has no merit.

[2010] KECA 48 (KLR) Court of Appeal

SOUTH NYANZA SUGAR COMPANY LIMITED v SILVAN KETCH [2010] KECA 459 (KLR)

✦ The Court of Appeal dismissed the appeal and struck out the application, finding the decree attached to the record of appeal invalid due to its improper approval and lack of reflection of the judgment of the superior court.

[2010] KECA 459 (KLR) Court of Appeal

Leah Wambui Gichohi & another v Maina Johana Miano [2010] KECA 74 (KLR)

✦ The application is allowed to the extent that the extension of time to file the application is extended to 16th July 2010, leave to appeal is granted, and the time for filing a notice of appeal is extended by 14 days.

[2010] KECA 74 (KLR) Court of Appeal

Kuwinda Rurinja Co. Ltd v Kuwinda Holdings Ltd. & 13 others [2010] KECA 13 (KLR)

✦ The application for injunction is refused, but the status quo is maintained until the final determination of the appeal.

[2010] KECA 13 (KLR) Court of Appeal

Gatugi Mugira v Onesmus Gitobu M’kanata & another [2010] KECA 217 (KLR)

✦ The application is dismissed with costs to the respondents due to the inordinate delay in filing the application for extension of time.

[2010] KECA 217 (KLR) Court of Appeal

John Kipkemboi Kilei v Wilfred Rutho Njeru as Interim Liquidator of Lakestar Insurance Company Limited [2010] KECA 162 (KLR)

✦ The appeal is not arguable, and the motion is dismissed with costs to the respondent.

[2010] KECA 162 (KLR) Court of Appeal

Sherigham Elisha Odhiambo v Republic [2010] KECA 332 (KLR)

✦ The conviction for murder is quashed, and the appellant is convicted of manslaughter and sentenced to ten years imprisonment.

[2010] KECA 332 (KLR) Court of Appeal

SUSAN WAMBUI NJENGA v JUSTINE JELAGAT BENJAMIN & ANOTHER [2010] KECA 186 (KLR)

✦ The court ordered the defendants to be restrained from transferring, alienating, or interfering with the suit premises and to execute necessary transfer documents in favor of the plaintiff.

[2010] KECA 186 (KLR) Court of Appeal

Stanley Karimi Kago & another v Republic [2010] KECA 81 (KLR)

✦ The appeal is dismissed as there is no merit in it and no miscarriage of justice has occurred.

[2010] KECA 81 (KLR) Court of Appeal

Superiorfones Communications Limited v Piedmont Investments Limited & 2 others [2010] KECA 119 (KLR)

✦ The Court of Appeal dismissed the application for stay of the ruling pending the intended appeal, finding that the superior court had jurisdiction and the orders were valid.

[2010] KECA 119 (KLR) Court of Appeal

Justin Kipkosgei Kibiton v Republic [2010] KECA 347 (KLR)

✦ The appeal as to sentence is dismissed. The sentence imposed by the trial court is upheld.

[2010] KECA 347 (KLR) Court of Appeal

Godwin Nakhaima v Republic [2010] KECA 325 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty

[2010] KECA 325 (KLR) Court of Appeal

Guardian Bank Limited v Deposit Protection Fund Board the Liquidation of the Euro Bank Limited (In Liquidation) & another [2010] KECA 297 (KLR)

✦ The notice of appeal and the record of appeal in Civil Appeal No. 64 of 2003 are struck out as the DPF Board was not a party to the proceedings in the High Court.

[2010] KECA 297 (KLR) Court of Appeal

Susan Mutongori Mwita v Republic [2010] KECA 328 (KLR)

✦ The court found the appellant guilty of murder and dismissed the appeal.

[2010] KECA 328 (KLR) Court of Appeal

Thuita Mwangi v Kenya Airways Limited [2010] KECA 22 (KLR)

✦ The appeal is dismissed as the appellant's claim is bound to fail due to the lack of timely complaint and the loss cannot be attributed to negligence.

[2010] KECA 22 (KLR) Court of Appeal

Taawawa Supermarket Limited v Fina Bank Ltd [2010] KECA 95 (KLR)

✦ The court dismissed the suit, finding the agreement unenforceable due to lack of registration and that the company was not relying on the agreement.

[2010] KECA 95 (KLR) Court of Appeal

Syriacus Onyango Opera & 2 others & Republic [2010] KECA 176 (KLR)

✦ The appeal is dismissed. The appellants were convicted on very sound evidence.

[2010] KECA 176 (KLR) Court of Appeal

Hunker Trading Company Limited v Elf Oil Kenya Limited [2010] KECA 480 (KLR)

✦ The application is dismissed with costs to the respondent.

[2010] KECA 480 (KLR) Court of Appeal

Harji Karsan Patel v Kunverji Naran KeraiI & 2 others [2010] KECA 402 (KLR)

✦ The application is dismissed with costs to the respondents

[2010] KECA 402 (KLR) Court of Appeal

TIMSALES KENYA LIMITED v RONALD NGALA OMUKA [2010] KECA 238 (KLR)

✦ The court upheld the ruling and order of the learned Principal Magistrate Mrs. On’ginjo, dismissing the appeal.

[2010] KECA 238 (KLR) Court of Appeal

V.J.S v N.V.J.S [2010] KECA 180 (KLR)

✦ The court finds the Respondent's withdrawal of the petition was deliberate and suggestive of an arrangement based on coercion or undue influence. The court sets aside the proceedings and orders a de novo hearing.

[2010] KECA 180 (KLR) Court of Appeal

Shimavu Ole Kumur v Republic [2010] KECA 273 (KLR)

✦ The trial is declared a nullity, and the convictions and sentence are set aside. A retrial is ordered.

[2010] KECA 273 (KLR) Court of Appeal

Francis Mwaura Mwangi v Republic [2010] KECA 260 (KLR)

✦ We allow the appeal, quash each of the three convictions, set aside the sentence of death, and order that the appellant be released from prison unless otherwise lawfully held.

[2010] KECA 260 (KLR) Court of Appeal

George Lalla Oduor v Cannon Assurance (K) Ltd. [2010] KECA 147 (KLR)

✦ The application for extension of time to file notice of appeal and record of appeal is granted.

[2010] KECA 147 (KLR) Court of Appeal

Kenyan case law