Kenyan case law
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Weiss v Mwamzungu & 2 others (Civil Appeal E120 of 2021) [2024] KECA 1472 (KLR) (25 October 2024) (Judgment)
✦ The appeal is merited and succeeds. The 1st respondent is evicted from the suit property, and the 1st respondent's irregular and unprocedural title is expunged from the register. The joint title registered in the appellant's and 2nd respondent's names remains valid.
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Kaylift Services Limited v Thuo (Suing as the personal representative and administrator of the Estate of the Deceased - Joram Thuo Wairegi) & 2 others (Civil Appeal (Application) 182 of 2019) [2024] KECA 1547 (KLR) (25 October 2024) (Ruling)
✦ The applicant's application has merit and a conditional stay of execution is granted pending the hearing and determination of the appeal.
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Wainaina v Equity Agrarian Credit Services Ltd & another (Civil Application E017 of 2024) [2024] KECA 1511 (KLR) (25 October 2024) (Ruling)
✦ The application is dismissed as the Notice of Appeal cannot be deemed to be properly on record due to the non-existence of the referenced ruling. The applicant's delay in filing the appeal is not considered inordinate.
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SNK v Republic (Criminal Appeal 38 of 2018) [2024] KECA 1526 (KLR) (25 October 2024) (Judgment)
✦ The conviction and sentence are upheld
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Wambugi v Board of Management Afya Yetu Initiative (Civil Appeal 180 of 2019) [2024] KECA 1557 (KLR) (25 October 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Shengli Engineering Construction Group Limited v Kigano (Civil Appeal (Application) E539 of 2021) [2024] KECA 1497 (KLR) (25 October 2024) (Ruling)
✦ The appeal was filed within the required time frame, and the application to strike out the appeal is dismissed.
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Athi Water Works Development Agency & 3 others v Gikenyi B & 77 others; Moi Teaching & Referral Board & 60 others (Interested Parties) (Civil Appeal (Application) E067 of 2024 & Civil Application E068 of 2024 (Consolidated)) [2024] KECA 1512 (KLR) (25 October 2024) (Ruling)
✦ The Court granted the applications for stay of execution and setting aside of the conservatory orders pending the hearing and determination of the intended appeals.
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Mungai v Tebere Concrete Company Limited & another (Civil Appeal E089 & E091 of 2022 (Consolidated)) [2024] KECA 1549 (KLR) (25 October 2024) (Judgment)
✦ The 1st respondent's suit is dismissed with costs, and the 1st respondent is ordered to vacate the suit property within 60 days from the date of the judgment.
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Rono & 3 others v Kigen (Civil Application E007 of 2024) [2024] KECA 1521 (KLR) (25 October 2024) (Ruling)
✦ The application is dismissed, with costs to the respondent.
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Kenya Airways PLC v Lumutu & another (Civil Appeal (Application) E326 of 2020) [2024] KECA 1459 (KLR) (25 October 2024) (Ruling)
✦ The court allows the applicant's notice of motion to adduce the new evidence.
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Koros v Republic (Criminal Appeal 55 of 2017) [2024] KECA 1519 (KLR) (25 October 2024) (Judgment)
✦ The conviction is upheld, but the death sentence is set aside and replaced with a 30-year prison sentence
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Vio Tech Limited v Upperhill Chambers Limited & another (Civil Application E026 of 2024) [2024] KECA 1496 (KLR) (25 October 2024) (Ruling)
✦ The application is dismissed with costs, as the applicant failed to bring itself within the limited and circumscribed jurisdiction recognized in Nyutu and Synergy.
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Mangira & another v Assets Recovery Agency; Ali Cars Limited (Interested Party) (Civil Appeal E132 of 2023) [2024] KECA 1488 (KLR) (25 October 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Mwathe v Mwabogo (Civil Application E024 of 2024) [2024] KECA 1481 (KLR) (25 October 2024) (Ruling)
✦ The Court grants the application for extension of time to file and serve a Notice of Appeal, and deems the Notice of Appeal as properly filed and on record.
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Kabwere v Republic (Criminal Appeal E044 of 2023) [2024] KECA 1470 (KLR) (25 October 2024) (Judgment)
✦ The appeal is dismissed and the conviction and sentence are upheld.
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Kingara v Republic (Criminal Appeal 93 of 2017) [2024] KECA 1517 (KLR) (25 October 2024) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Misati v Republic (Criminal Appeal 248 of 2019) [2024] KECA 1491 (KLR) (25 October 2024) (Judgment)
✦ The sentence of 50 years imprisonment for each count is set aside and replaced with a sentence of 25 years imprisonment for each count, to run concurrently.
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Olonana Limited v Rafiki Limited (Civil Application E094 of 2023) [2024] KECA 1520 (KLR) (25 October 2024) (Ruling)
✦ The application to strike out the notice of appeal is dismissed with no orders as to costs.
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Chairlacy - Nyakiambi Women Group v Waweru & 2 others (Sued as Administrators of the Estate of John Gichuhi Mutego (Deceased)) (Civil Appeal (Application) E182 of 2023) [2024] KECA 1524 (KLR) (25 October 2024) (Ruling)
✦ The court extends the time for the filing of the notice of appeal, deeming it to have been filed within time
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Abdulla v Makumu & another; Herkenrath & another (Affected Party) (Civil Appeal (Application) E049 of 2024) [2024] KECA 1473 (KLR) (25 October 2024) (Ruling)
✦ The motion is dismissed with costs to the 1st and 2nd respondents.
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Charles & another v Republic (Criminal Appeal 38 of 2019) [2024] KECA 1902 (KLR) (25 October 2024) (Judgment)
✦ The appeal is dismissed in its entirety.
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Kenya Post Office Savings Bank v Wasike (Civil Appeal 264 of 2019) [2024] KECA 1461 (KLR) (25 October 2024) (Judgment)
✦ The doctrine of lis pendens does not apply to the transfer of property during litigation.
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Kenya National Private Security Workers Union v M'Mbolo & 7 others (Civil Application E052 of 2024) [2024] KECA 1506 (KLR) (25 October 2024) (Ruling)
✦ The Court allowed the application and granted the applicant leave to enlarge time to lodge a proper Notice of Appeal.
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Ahmed & 6 others v Godad (Civil Appeal (Application) E416 of 2024) [2024] KECA 1500 (KLR) (25 October 2024) (Ruling)
✦ We find the respondent's application to strike out the appellants' appeal without merit and dismiss it. We allow the appellants' application for staying the execution of the judgment.
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Kenya Pipeline Company Limited v Kurugu Food Complex (Civil Application E310 of 2024) [2024] KECA 1507 (KLR) (25 October 2024) (Ruling)
✦ The court grants an order of stay of execution of the judgment of the trial court pending the hearing and determination of the applicant’s appeal.