Kenyan case law
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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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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.
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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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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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Karl Wehner Claasen v Commissioner of Lands & 4 others [2019] KECA 766 (KLR)
✦ The appeal is allowed, and the ruling of the trial court is set aside. The constitutional petition seeking compensation for deprivation of property survives for the benefit of the estate upon the death of the petitioner and may be continued by the appellant as a legal representative of the deceased petitioner.
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Bodole Abala Kone v Republic [2019] KECA 779 (KLR)
✦ The appeal is allowed, conviction on all charges is quashed, and the appellant is set at liberty.
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Joshua Kipkorir Suing on behalf of the Estate of Kipsaina arap Mursoi (Deceased) v Ezekiel Kiplel & 7 others [2019] KECA 738 (KLR)
✦ The appeal is struck off the record due to its untimely filing without leave of the court.
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Rashid Kaluma Okedi & another v Shamshad Ahmed Yakub & another [2019] KECA 777 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Bernard Njeru Kamwara v Republic [2019] KECA 784 (KLR)
✦ The appeal is partly successful. The death penalty is set aside and substituted with a sentence of 15 years imprisonment.
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Joseph Mung’aya Makotsi & another v Kenya Power & Lighting Company Limited & 2 others [2019] KECA 748 (KLR)
✦ The court dismissed Civil Appeal No. 29 of 2015 and allowed Civil Appeal No. 1 of 2018, setting aside the judgment as it relates to KPLC.
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Robin Angus Paul & 2 others v Miriam Hemed Kale [2019] KECA 781 (KLR)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The properties revert to the respondent for distribution to the estate of her late father.
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Babs Security Services Ltd v Mwarua Yawa Nzao & 19 others [2019] KECA 782 (KLR)
✦ We allow the appeal and set aside the exparte judgment dated 2nd March, 2018 in its entirety. The appellant is granted leave to file its statement of defense within 7 days of this judgment.
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Joseph Sombo & 4 others v Nyari Investments & 5 others [2019] KECA 775 (KLR)
✦ The disputed list was not part of the pleadings filed before the High Court and was not part of the record of appeal. The application to expunge the list is allowed.
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Cyprian Shivachi Shisanya v Emily Susan Kayanda & another [2019] KECA 730 (KLR)
✦ The application for extension of time is dismissed with costs to the respondents.
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Kinluck Holdings Limited v Mint Holdings Limited & another [2019] KECA 643 (KLR)
✦ The appeal is dismissed
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Margaret Wanjiku Godwin v Henry Mwangi Gatai & 3 others [2019] KECA 691 (KLR)
✦ The Court grants a conditional stay of execution of the judgment pending the appeal, with the applicant depositing Kshs 5,000,000 into a joint account within 30 days.
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Joseph Mwendo Katete v Republic [2019] KECA 682 (KLR)
✦ The death sentence is not mandatory and the trial court has discretion to impose any sentence including death. The death sentence is set aside and substituted with a sentence of 14 years imprisonment.
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Rhoda Ndululu Sengete & another v Tabitha Kavenge Matolo [2019] KECA 640 (KLR)
✦ The application is dismissed with costs to the respondent.
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Agnes Tirindi Kiara v Violet Kagwiria & 2 others [2019] KECA 685 (KLR)
✦ The court allows the application for extension of time to file and serve a record of appeal, with the applicant to file and serve the record within 30 days of the judgment.
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James G. K. Njoroge t/a Baraka Tools & Hardware (a firm) v Kenya Cement Marketing Co Ltd. & 2 others [2019] KECA 647 (KLR)
✦ The guarantees issued by the 2nd and 3rd respondents were subject to the 1st respondent's right of appeal and further orders of the court. The guarantees were therefore incapable of enforcement when the appellant sought to enforce them.
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R. Billing & Co. Advocates v Kundan Singh Construction Limited [2019] KECA 677 (KLR)
✦ The court grants leave to the applicant to proceed and commence litigation against the respondent under receivership and grants extension of time to have the appellant's submissions deemed duly filed and served out of time.
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Samuel Munyao Nzioka v Housing Finance Company Of Kenya Ltd [2019] KECA 645 (KLR)
✦ The court dismissed the appeal and found no merit in the appellant's claims.
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Commissioner of Police & 2 others v Joseph Mburu Gitau & 641 others [2019] KECA 654 (KLR)
✦ The Notice of Appeal is allowed, and the applicants are ordered to lodge and serve the Notice of Appeal within 14 days, and the Record of Appeal within 30 days.
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Bhupinder Singh Dogra v Attorney General [2019] KECA 658 (KLR)
✦ The appeal is dismissed with costs, as the appellant's suit was time-barred under the Public Authorities Limitation Act.
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Ederman Property Limited v Lordship Africa Limited & 2 others [2019] KECA 684 (KLR)
✦ The High Court Judge correctly found that the 2nd respondent was wrong to divest itself of jurisdiction when it had jurisdiction to examine whether the contract had properly been entered. The Judge found that the 2nd and 3rd respondents acted contrary to law and the High Court was entitled to interfere and correct the wrongs committed.