Kenyan case law
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Kenya Power and Lighting Company Limited v Lydia Chepkosgei Mutai [2019] KECA 753 (KLR)
✦ The court found that the trial judge erred in evaluating the evidence and in awarding the maximum compensation for 12 months' salary.
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Bena Nafula Makana & 2 others v Nyaoro Akoth Muka Crescentia & 8 others [2019] KECA 755 (KLR)
✦ The appeal is allowed, and the grant of letters of administration is revoked.
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Eri Limited v Equitorial Commercial Bank (Formerly Southern Credit Banking Corporation) Limited & another [2019] KECA 742 (KLR)
✦ Application to introduce additional evidence is dismissed with costs
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Benard Nganga Ndirangu v Samuel Wainaina Tiras [2019] KECA 741 (KLR)
✦ The court found that the sale agreement was valid and that the respondent had performed all his obligations under the agreement. The court rejected the appellant's contention that the respondent was in breach of the sale agreement and that the purchase price had never been paid in full.
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Peter Tomito Korinko & 2 others v Korinko N. Nkoliai & 12 others [2019] KECA 728 (KLR)
✦ The Notice of Motion dated 26th March, 2019 is hereby marked as withdrawn with costs.
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Lawrence Musango Oketch & 2 others v Karen Enterprises Limited [2019] KECA 737 (KLR)
✦ The High Court erred in proceeding to determine the matter as it lacked jurisdiction over the case. The judgment is set aside.
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Family Bank Limited v Alfred Moffat Omundi Muchira [2019] KECA 739 (KLR)
✦ The application succeeds and the time to lodge and serve the record of appeal is extended for 14 days.
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Attorney General & another v Phoenix Global Kenya Limited & 5 others [2019] KECA 746 (KLR)
✦ The application for stay of proceedings is granted, pending the hearing and determination of the intended appeal.
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Clerk County Council of Lugari v Josephat Mulongo Wekesa [2019] KECA 725 (KLR)
✦ The court grants the stay orders pending the appeal, but directs the applicant to file the record of appeal within 45 days of the judgment.
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Buffet Park Ltd v Republic & 2 others [2019] KECA 768 (KLR)
✦ The appeal is dismissed. The High Court's decision to decline the order of mandamus and grant a conditional prohibitory order is upheld.
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Nishith Yogendra Patel Legal Representative Of The Deceased Plaintiff Yogendra Purshottam Patel v Pascale Mireilee Baksh (Nee Patel) & another [2019] KECA 757 (KLR)
✦ The court dismissed the appeal and the suit, finding that the deceased plaintiff's claims were not merited due to the joint ownership of the properties by the deceased plaintiff's brothers, R.P. and P.P.
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Echken Agencies v Argos Furnishers Ltd & 3 others [2019] KECA 716 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent, as the appellant failed to prove the loss of goods and the onus was on the appellant to transport the goods safely.
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Regnoil Kenya Limited v Winfred Njeri Karanja [2019] KECA 714 (KLR)
✦ The application is allowed, and the costs of the application shall abide the appeal.
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Daniel Njuguna Muchiri v Sugar Bakery Limited [2019] KECA 712 (KLR)
✦ The appeal is dismissed as the trial court's decision was not based on the findings of unfair dismissal and the conciliation agreement was binding.
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Commissioner of Police & another v Intraspeed Logistics Ltd & 15 others [2019] KECA 761 (KLR)
✦ The application for stay of execution of the High Court judgment is denied.
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Phoenix of EA Company Limited v Thiga T/A Newspaper Service (Civil Appeal 244 of 2010) [2019] KECA 767 (KLR) (10 May 2019) (Judgment)
✦ The High Court ruling is null and void due to lack of jurisdiction. The appeal is allowed with costs to the appellant.
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Local Authorities Pensions Trust (Laptrust) v Chairman Retirement Benefits Appeal Tribunal & 2 others [2019] KECA 735 (KLR)
✦ The appeal is dismissed with costs. The Tribunal's order allowing the appeal and calculating Stephen's retirement benefits is upheld.
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Kenya Ihenya Company Ltd & another v Njeri Kiriba [2019] KECA 749 (KLR)
✦ The appeal is dismissed with costs.
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Richard Kipkemei Limo v Hassan Kipkemboi Ngeny & 4 others [2019] KECA 765 (KLR)
✦ The reference to the full court is dismissed with costs as the learned single judge exercised his discretion judicially and there are no good reasons for interfering with the decision.
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Charles Gathuma Munge v Peter Icharia Munge & another [2019] KECA 771 (KLR)
✦ The application for extension of time was not timeously filed and the reasons for delay were not satisfactorily explained. The court dismissed the reference with costs.
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Pathfinder International Kenya Limited v Stephen Ndegwa Mwangi [2019] KECA 759 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the award of the Industrial Court.
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Commissioner of Customs & Border Control & another v Pernod Richard Kenya Limited [2019] KECA 756 (KLR)
✦ The motion is dismissed. The applicants have failed to satisfy the twin requirements necessary for the granting of a rule 5 (2) (b) application.
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Kenya Railways Corporation v Anne Wambui Gatheru & another [2019] KECA 750 (KLR)
✦ The orders of the court dated 19th February, 2018 are set aside as the respondents' claim of trespass has been overtaken by the process of compulsory acquisition.
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Attorney General v Okiya Omtatah Okoiti & another [2019] KECA 774 (KLR)
✦ The court grants an order of stay of further proceedings in the High Court petition pending the hearing of the intended appeal.
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Purity Ndirangu v Anthony Karanja & 2 others [2019] KECA 762 (KLR)
✦ The court dismisses the appeal and finds no merit in it, upholding the High Court's ruling.