Kenyan case law
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Twiga Chemical Industries Limited v Allan Stephen Reynolds [2010] KECA 94 (KLR)
✦ The application is dismissed with costs, as there is no proper basis for granting a stay.
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Harit Sheth T/A Harit Sheth Advocate v Shamas Charania [2010] KECA 376 (KLR)
✦ The appeal is arguable and not frivolous, and an order of stay is granted.
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Stephen Kipkatam Kenduiywa & 6 Others v Ismail Gulamali & 3 Others [2010] KECA 128 (KLR)
✦ The Court declines to certify the matter urgent.
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TSAVO SECURITIES LIMITED v FRANCIS MUHINDI & TWENTY OTHERS [2010] KECA 185 (KLR)
✦ The application to strike out the Petition shall be heard afresh but subject to Hon. Justice Njagi's directions/orders.
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Gauku Mohammed v Gitonga Mohamed [2010] KECA 279 (KLR)
✦ The court grants the applicant's application for a stay of execution pending the appeal.
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Robert Simuyu v Republic [2010] KECA 202 (KLR)
✦ We allow the appeal to the extent that we set aside the conviction for murder and substitute it with a conviction for manslaughter under section 202 of the Penal Code. We also set aside the sentence of death and substitute it with a sentence of 10 years imprisonment to run from 24th November, 2006.
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Trust Agencies Limited & 2 others v Chimnlal K.N. Shah & 3 others [2010] KECA 163 (KLR)
✦ The appeal is allowed only as it relates to the issue of interest payable on the decretal sum. The order of the superior court dismissing the entire application is set aside. Leave is granted to the appellants to file and serve a defence relating to the interest applicable on the decretal sum within 14 days.
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FN v VWN [2010] KECA 36 (KLR)
✦ The appeal is not frivolous, and the prayer for stay of execution is overtaken by events. The applicant is granted an injunction to restrain the respondent from transferring, selling, alienating or disposing of or mortgaging Land Reference No. xxx (original LR No. xxx) pending the hearing and determination of Civil Appeal No. 179/09 or further orders of this Court.
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Westmont Power (Kenya) Ltd v Sebhan Enterprises Ltd [2010] KECA 133 (KLR)
✦ The appeal is struck out with costs to the respondent
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Five Forty Aviation Ltd v Tradewinds Aviation Service Ltd [2010] KECA 271 (KLR)
✦ The application for stay of execution and stay of further proceedings is granted
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ZACHARIUS MWERI BAYA v MOHAMED SHEIKH ABUBAKAR [2010] KECA 369 (KLR)
✦ The appeal was dismissed, and the summary judgment in favor of Mohamed was upheld.
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Zaphania Okwoyo Gesure v Republic [2010] KECA 135 (KLR)
✦ The appeal is allowed, and the conviction for murder and the sentence of death are set aside. The appellant is ordered to be tried again at the High Court of Kenya, Kisii.
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V.V.A v H.S.P [2010] KECA 168 (KLR)
✦ The court grants the order of stay sought in prayers 1 and 2 of the motion dated 22nd April, 2010, on condition that the applicant pays to the respondent Kshs.60,000/= per month for her maintenance as well as payment of school fees and other expenses for the son as and when they fall due until further orders.
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Standard Limited v G.N. Kagia T/A Kagia & Company Advocates [2010] KECA 505 (KLR)
✦ The court overturned the award of exemplary damages, the perpetual injunction, and the order for an apology.
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Stanley Kamairo Ethangatha v Republic [2010] KECA 10 (KLR)
✦ The mandatory death sentence under section 204 of the Penal Code is inconsistent with the Constitution's provisions on fair trial and protection against inhuman or degrading punishment or treatment.
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Westlands Triangle Properties Ltd v Westlands Sundries Ltd & 2 others [2010] KECA 146 (KLR)
✦ The applicant's motion for an order of stay is dismissed, and the orders of the High Court are not stayed.
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SOUTHERN CREDIT BANKING CO-OPERATION LIMITED v YASMIN ABDULKARIM T/A Y. ALI ADVOCATES [2010] KECA 191 (KLR)
✦ The court dismisses the defendant's application to strike out the plaintiff's suit, finding that the claim is not scandalous, frivolous, or vexatious, and that the plaintiff's cause of action crystallized when the decision in HCCC No. 467 of 2000 was delivered.
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Francis Gachoki Murage v Juliana Wainoi Kinyua & another [2010] KECA 484 (KLR)
✦ The appellant’s Civil Appeal No. 139 of 2009 does not and cannot lie to this Court in view of the unambiguous provisions of section 50(1) of the Law of Succession Act.
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Sebastian Wachira Ndirangu v John Karago Ndirangu [2010] KECA 143 (KLR)
✦ The court directed the confirmation of grant to be postponed and ordered the petitioner to establish his claim against the estate as a debt. The estate assets should be shared in equal measures between beneficiaries.
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Joseph Nathaniel Kipruto Arap Ng’ok v Attorney General (On Behalf of the Permanent Secretary Ministry of Trade & Industry) & another [2010] KECA 477 (KLR)
✦ The appeal is dismissed with costs to both respondents.
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STEPHEN BLANCHET v AKACH ADHIAMBO LANGI [2010] KECA 181 (KLR)
✦ The court stays the execution of the judgment in Tononoka Children's Court case No. 382 of 2008 and orders the appellant to pay a maintenance of Kshs. 50,000/- per month and the respondent to pay Kshs. 25,000/- per month for rent.
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Wardpa Holdings Limited & 3 others v Emmanuel Waweru Lima Mathai & another [2010] KECA 451 (KLR)
✦ The application for stay of the contempt order is dismissed with costs, as the appeal is premature and speculative.
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Ismael Wanyama Mulongo & another v Republic [2010] KECA 326 (KLR)
✦ The convictions and sentences of both appellants are quashed, and they are set at liberty.
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John Irungu Kariuki v Republic [2010] KECA 175 (KLR)
✦ The appeal is dismissed in its entirety.
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Silas Njiru Catholic Diocese of Meru v Andrew Kiruja [2010] KECA 17 (KLR)
✦ The court reduces the sum awarded to Kshs.2,804,134.60 based on a multiplier of 5 years.