Kenyan case law
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Republic v Omar (Criminal Application E001 of 2021) [2022] KECA 987 (KLR) (23 September 2022) (Ruling)
✦ The Court grants leave to file the memorandum of appeal out of time
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Kenya Wildlife Services v Electrical Services Ltd (Civil Application 63 of 2020) [2022] KECA 1007 (KLR) (23 September 2022) (Ruling)
✦ The Court allows the application and directs the applicant to file and serve the notice of appeal within 14 days from the date of this ruling.
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Tanui v Phillips Pharmaceuticals Limited (Civil Application 197 of 2020) [2022] KECA 1049 (KLR) (23 September 2022) (Ruling)
✦ The Court granted the applicant leave to file and serve a notice of appeal within fourteen (14) days from the date of delivery of this ruling.
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Onyuro v Republic (Criminal Appeal 190 of 2016) [2022] KECA 1038 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed as there is no basis to interfere with the conviction and the sentence of death is upheld.
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Apollo v Guaranty Trust Bank (K) Ltd (Civil Application E337 of 2021) [2022] KECA 1003 (KLR) (23 September 2022) (Ruling)
✦ The application is dismissed with costs to the respondent
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Kamanja v Equity Bank Limited & another (Civil Appeal E258 of 2022) [2022] KECA 1014 (KLR) (23 September 2022) (Ruling)
✦ The court grants leave to file and serve the Notice of Appeal and Record of Appeal out of time.
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Ihura & another v Hagos Birikirti Tewoldernrehen De La Torre Ramirez Nelly Victoria ((suing as the personal representative of the estate of Mendoza Lopaz Aquilina (Deceased)) (Civil Application E093 of 2022) [2022] KECA 1017 (KLR) (23 September 2022) (Ruling)
✦ The application is allowed, and the costs of the motion shall abide the outcome of the appeal.
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Adeti v Alexander Oyiolo Odongo T/A Alema Service Station (Civil Appeal 44 of 2018) [2022] KECA 1037 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Kimari v Mburu & 3 others (Civil Application E171 of 2022) [2022] KECA 1001 (KLR) (23 September 2022) (Ruling)
✦ The Court grants leave to the applicant to lodge a Notice of Appeal within fourteen (14) days from the date of delivery of this ruling.
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Mutoro v Machiri & 2 others (Civil Application E056 of 2022) [2022] KECA 1027 (KLR) (23 September 2022) (Ruling)
✦ The application for stay of execution is dismissed as the applicant has not lodged a notice of appeal and the explanation offered by the applicant is not plausible.
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Green & another v Kazungu & 2 others (Civil Appeal E017 of 2020) [2022] KECA 991 (KLR) (23 September 2022) (Judgment)
✦ The appellants' appeal is allowed, and the judgment of the ELC Civil Case No. 25 of 2014 is set aside along with all the consequential orders.
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Mategwa v Muhanda (Civil Appeal 140 of 2017) [2022] KECA 1029 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed without merit
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Mbaya v Kawira & another (Civil Application 27 of 2019) [2022] KECA 1032 (KLR) (23 September 2022) (Ruling)
✦ The 1st respondent is guilty of contempt of court and is committed to civil jail for four (4) months.
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In re Estate of Eliud Macharia Muriu alias Eliud Macharia (Civil Application 1 of 2017) [2022] KECA 995 (KLR) (23 September 2022) (Ruling)
✦ The application is dismissed as it lacks merit due to inordinate and inexcusable delay by the applicant and the old nature of the Succession Cause.
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Onyango v Housing Finance Company Limited & 3 others (Civil Application E219 of 2020) [2022] KECA 1018 (KLR) (23 September 2022) (Ruling)
✦ The court allows the application for extension of time to lodge a notice of appeal, directing that the notice be filed and served within 14 days from the date of the ruling.
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Muthiora v Njoroge (Civil Application 109 of 2020) [2022] KECA 996 (KLR) (23 September 2022) (Ruling)
✦ The court declines to exercise its discretion to grant the prayer for an extension of time, dismissing the application with costs to the respondent.
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Juneja v Juneia (Civil Appeal (Application) 35 of 2018) [2022] KECA 1045 (KLR) (23 September 2022) (Ruling)
✦ The Court held that Rule 75 does not apply to cross-appeals and that the respondent had the time to file the notices of cross-appeal within the prescribed period as the appeal was yet to be set down for hearing.
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Walutsachi v Mary’s Mission Hospital (Civil Appeal E050 of 2021) [2022] KECA 1023 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed with no order as to costs.
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Masoin & 2 others v Lagat & another (Civil Appeal 99 of 2018) [2022] KECA 1031 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed with no order as to costs.
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Mwamunga & Mwamunga ((Sued as the Executors of the estate of Eliud Timothy Mwamunga-Deceased) v Sagalla Lodge Limited (Civil Application E039 of 2022) [2022] KECA 986 (KLR) (23 September 2022) (Ruling)
✦ The application is not urgent and shall be fixed for hearing in the normal manner.
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Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another (Civil Appeal E484 of 2021) [2022] KECA 1050 (KLR) (23 September 2022) (Ruling)
✦ The court substituted Aaron Kyengo Kamu in place of Simon Muthuka Kamu as the legal administrator of the estate of the late Martha Mbane and granted leave to the firm of Kivuitu Maundu & Co. Advocates to act for and on behalf of the Respondent herein in place of Mwangangi & Associates Advocates.
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Wambui & another v Mwangi (Civil Application E122 of 2022) [2022] KECA 1005 (KLR) (23 September 2022) (Ruling)
✦ The Court may, on such terms as it thinks just, by order extend the time limited by these Rules, or by any decision of the court of a superior court, for the doing of any act authorized or required by these Rules.
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(Suing as the legal representative of John Muritu Kagwe) & another v East African Building Society & 3 others (Civil Appeal (Application) 571 of 2019) [2022] KECA 1010 (KLR) (23 September 2022) (Ruling)
✦ The application to strike out the notice of appeal filed on 24th October 2019 is dismissed with costs.
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John Nyamari Mogaka t/a Ouru Hyper Stores v Mogaka & another (Civil Appeal 96 of 2017) [2022] KECA 1039 (KLR) (23 September 2022) (Judgment)
✦ The appeal lacks merit and is dismissed with no order to costs.
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Sea Angel Service Station v Abdul (Civil Appeal (Application) 116 of 2019) [2022] KECA 989 (KLR) (23 September 2022) (Ruling)
✦ The Record of Appeal is struck out with costs to the Respondent due to the irregularities