Kenyan case law
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Denis Costello Doyle & another v Diamond Trust Bank (K) Ltd & another [2018] KECA 836 (KLR)
✦ The appeal is allowed, and the High Court's judgment and decree are set aside. Mailanyi is responsible for repaying the Bank's payment to him.
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Abdulla Akiio & 2 others v Kenya Urban Roads Authority [2018] KECA 767 (KLR)
✦ The appeal is dismissed
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Kenya Tea Growers Association v Kenya Plantation & Agricultural Workers Union [2018] KECA 706 (KLR)
✦ The Court of Appeal upheld the trial court's judgment, finding that the ELRC has jurisdiction to determine disputes regarding employment and labour relations, and that the trial court's decision was not perverse.
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Christopher Kioi & another v Winnie Mukolwe & 4 others [2018] KECA 831 (KLR)
✦ The court dismissed the appellants' claim, finding that Kioi did not prove adverse possession and that the two issues were closely intertwined.
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Ternic Enterprises Limited v Waterfront Outlets Limited [2018] KECA 764 (KLR)
✦ The court found there were triable issues and dismissed the appeal, ordering the appeal to be dismissed with costs
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Dhirajlal J. Shah & another v Vijay Amritlal Shethia [2018] KECA 824 (KLR)
✦ The Land and Environment Court does not have jurisdiction to determine matters arising from termination of tenancy notices.
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Karen Blixen Camp Limited v Kenya Hotels and Allied Workers Union [2018] KECA 847 (KLR)
✦ We find no basis for the PO raised by the appellant and agree with the trial court that it was not meritorious. The appeal is dismissed with costs to the respondent.
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Abdulkadir Athman Salim Elkindy v Director of Public Prosecutions & another [2018] KECA 838 (KLR)
✦ The application is dismissed with costs to the 2nd respondent
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Philip Amwayi Wokinda v Rift Valley Railways Limited [2018] KECA 830 (KLR)
✦ The dismissal was found to be wrongful, unlawful, and unfair, and the respondent failed to process the appellant's appeal.
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Intercounties Importers and Exporters Ltd v Teleposta Pension Scheme Registered Trustee & 5 others [2018] KECA 817 (KLR)
✦ The application to strike out the Notice of Appeal is dismissed. The consent order allowing the parties to extend time for filing the appeal is valid and cannot be set aside.
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Adellah Kavisa Kalume & 66 others v Kenya Post Office Savings Bank [2018] KECA 757 (KLR)
✦ The appeal is dismissed with costs.
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Agricultural Finance Corporation v Banking Insurance & another [2018] KECA 844 (KLR)
✦ The appeal is allowed. The findings of the learned Judge are set aside. The claim against the appellant is dismissed. The conciliation award by the Labour Officer is affirmed. The appellant will have costs of the appeal and the court below.
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Joseph Kithokoi Mutia v Kenya Power & Lighting Company Limited [2018] KECA 815 (KLR)
✦ The application is dismissed with no orders as to costs, as the applicant has not satisfied both limbs of Rule 5(2)(b) and the appeal is not rendered nugatory.
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Mary Wairimu Njuguna v Kenya Power & Lighting Company Limited [2018] KECA 770 (KLR)
✦ The appeal is dismissed save for the reinstatement of the Ksh.6,265.00 awarded as special damages which will attract interest from the date of filing the suit. Each party will also bear its costs of this appeal.
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Bakari John Juma & another v Republic [2018] KECA 733 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellants are set at liberty.
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John Tomno Cheserem v Sammy Kipketer Cheruiyot [2018] KECA 850 (KLR)
✦ The court granted the application for extension of time to file the Notice of Appeal and Record of Appeal out of time.
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Attorney General & another v Kenya National Assurance Co (2001) Ltd & 36 others [2018] KECA 736 (KLR)
✦ The County Commissioner is found in contempt of court and fined Kshs.250,000
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Mtwapa EPZ Limited v Coast Apparel EPZ Limited & another [2018] KECA 744 (KLR)
✦ The court finds that the application has merit and issues prayer (b) of the applicant's application for a stay of the order.
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Nirmal Singh Dhanjal v Joginder Singh Dhanjal & 4 others [2018] KECA 771 (KLR)
✦ The appeals are dismissed, and the transfers are declared null and void.
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Jonah Kipsaina Cherotich & 3 others v Rael Tarlock Sawe & 2 others [2018] KECA 849 (KLR)
✦ The court denied the application for extension of time to lodge an appeal.
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Benjamin Kemboi Kipkore v Republic [2018] KECA 711 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and the appeal is remitted to the High Court for re-hearing by a court constituted only of the Judges of the High Court.
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Peter Eregai v Republic [2018] KECA 819 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and the appeal is remitted back to the High Court for re-hearing by a competent judge.
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Kenya Electricity Transmission Company Limited v Agnes Ongadi [2018] KECA 811 (KLR)
✦ The appeal is allowed, and the Employment and Labour Relations Court's decision is set aside.
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Redhill Heights Investments Ltd v Butler & 4 others (Civil Appeal 285 of 2016) [2018] KECA 776 (KLR) (9 February 2018) (Judgment)
✦ The appeal is dismissed as moot with costs to the respondents
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Elgivia Bwire Oliacha v Republic [2018] KECA 714 (KLR)
✦ Counts 1 and 2 were not proved, and the conviction based on those counts is quashed.