Kenyan case law
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Musotsi v Ambani (Civil Application E009 of 2022) [2022] KECA 837 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed as the applicant has not offered a plausible reason for the delay in filing the notice of appeal and the application for extension of time. The jurisdiction of the Court under Rule 5(2)(b) can only be invoked where there is a duly filed notice of appeal.
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County Government of Embu & 2 others v Kamaria (Civil Appeal 104 of 2017) [2022] KECA 877 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed with costs as the appellants' application did not meet the requirements for review.
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Amanaka v Amanaka (Civil Application E031 of 2022) [2022] KECA 691 (KLR) (22 July 2022) (Ruling)
✦ The Court dismissed the application for extension of time, finding the delay in hearing the review application to be inordinate and the explanation given for the delay not plausible.
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Cabinet Secretary, Ministry of Lands Housing and Urban Development (Formerly Known as the Hon. Minister For Lands) & 2 others v Osman (On his own Behalf and on behalf of 1222 Evictees of Medina Location, Municipal Council of Garissa) & another; Global Initiative for Economic Rights & 6 others (Amicus Curiae) (Civil Appeal 89 of 2017) [2022] KECA 876 (KLR) (22 July 2022) (Ruling)
✦ The motion to strike out the appeal is dismissed.
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Okul & another v Ondieki & 2 others (Civil Application E041 of 2021) [2022] KECA 702 (KLR) (22 July 2022) (Ruling)
✦ The Court grants the appellants' application for a stay of execution of the judgment and orders of the ELC pending the hearing and determination of the intended appeal.
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Njuguna v Gathogo & 4 others (Civil Application E303 of 2022) [2022] KECA 902 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondents
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SMN v TCW (Civil Appeal 48 of 2017) [2022] KECA 715 (KLR) (22 July 2022) (Judgment)
✦ The appeal is allowed. The court finds merit in the appeal and allows it. The appellant and the respondent being a husband and wife, no order as to costs is made.
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Ogola & another v Legion Maria of Africa Church Mission (Civil Application E058 of 2022) [2022] KECA 879 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Gichuki & another v Riunge & another (Civil Application E309 of 2021) [2022] KECA 716 (KLR) (22 July 2022) (Ruling)
✦ The Court grants the application and orders that the notice of appeal filed on 23rd August 2021 be deemed as duly filed.
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Kamunya & another v Muiru & 3 others (Civil Application 17 of 2015) [2022] KECA 945 (KLR) (22 July 2022) (Ruling)
✦ The application for review is dismissed with costs.
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Tratoria Limited v Maina & 3 others (Civil Appeal 151 of 2018) [2022] KECA 693 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st Respondent.
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Kawaka & another v Ouma & 3 others (Civil Appeal E168 of 2022) [2022] KECA 623 (KLR) (14 July 2022) (Judgment)
✦ We allow the appeal and set aside the learned Judge's judgment and decree dated 6th July, 2022. We substitute therefor an order dismissing the petition, but with no order as to costs.
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Munyuki & another (the legal & personal representatives of the estate of the late George Munyoki Mutheke (Deceased)) v Joel & another (Civil Application E453 of 2021) [2022] KECA 658 (KLR) (8 July 2022) (Ruling)
✦ The application is allowed on condition that the appeal should be filed within the next thirty (30) days from the date of this ruling, failing which the leave granted shall automatically lapse.
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Teleposta Pension Scheme Registered Trustees v Intercountries Importers and Exporters Limited & 5 others (Civil Appeal 293 of 2016) [2022] KECA 655 (KLR) (8 July 2022) (Ruling)
✦ The appeals are consolidated and the application for consolidation is granted.
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Momanyi v Osano (Civil Application E033 of 2022) [2022] KECA 698 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs as the applicant failed to establish arguability and ownership over the suit property.
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Mohamed v Barclays Bank of Kenya Limited (Civil Application 41 of 2020) [2022] KECA 637 (KLR) (8 July 2022) (Ruling)
✦ The court grants the application for extension of time to file a Notice of Appeal within fourteen days of the date of this ruling.
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Tharaka Nithi County Government & another v Gaichu & 129 others (Civil Appeal 107 of 2021) [2022] KECA 585 (KLR) (8 July 2022) (Ruling)
✦ The application to strike out the record of appeal is allowed with the result that Civil Appeal No. 107 of 2021 is deemed as withdrawn with costs to the applicants.
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C. B Gor & Advocates v Oriental Commercial Bank Limited (Civil Application 3 of 2019) [2022] KECA 634 (KLR) (8 July 2022) (Ruling)
✦ The application has no merit and is dismissed in its entirety.
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Sirma v Singoei (Civil Appeal 109 of 2018) [2022] KECA 708 (KLR) (8 July 2022) (Judgment)
✦ The court declared that the respondent holds title to the property in trust for the family and dismissed the suit with no order as to costs.
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Mohamed v Machiri (Civil Application E040 of 2022) [2022] KECA 621 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed as the applicant has not provided plausible reasons for the delay in filing and serving the notice of appeal and the record of appeal.
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Gathambo (Suing as Legal Representative of the Estate of Gathambo Gacheche - Deceased) v Gacheche (Sued as the Administrators of the Estate of Gacheche Hosea (Deceased) & 2 others (Civil Application E070 & E074 of 2021 (Consolidated)) [2022] KECA 652 (KLR) (8 July 2022) (Ruling)
✦ The appeal is dismissed, and the orders of the Environment and Land Court are upheld.
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Wajir County Government & another v Kenya County Government Workers Union (Civil Appeal (Application) 291 of 2020) [2022] KECA 653 (KLR) (8 July 2022) (Ruling)
✦ The motion for stay of execution is allowed, and a stay of the judgment of the Employment and Labour Relations Court is ordered.
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Total Kenya Limited v D Pasacon General Construction & Electri Cal Services (Civil Appeal 119 of 2019) [2022] KECA 593 (KLR) (8 July 2022) (Judgment)
✦ There existed an oral contract between Total Kenya Limited and D Pasacon General Construction & Electrical Services Limited for the additional works.
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Heshimart Enterprises v Kenya Women Microfinance Bank Limited (Civil Application E172 of 2021) [2022] KECA 699 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs, and the injunction is not granted.
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In re Estate of Stephen Nzomo Mwatu (Deceased) (Civil Application E454 of 2021) [2022] KECA 659 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondents.