Kenyan case law
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Regent Management Ltd v Oundo (Civil Appeal 106 of 2017) [2018] KECA 883 (KLR) (19 January 2018) (Judgment)
✦ The termination was found to be unfair, and the award of 12 months' salary and 50 days' leave was set aside. The rest of the award is upheld.
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Broadway Trust Ltd v China Young Tai Engineering Co. Ltd [2018] KECA 885 (KLR)
✦ The appeal is dismissed in its entirety with costs to the respondent
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Diana Katumbi Kiio v Reuben Musyoki Muli [2018] KECA 860 (KLR)
✦ The appellant had acquired a clear interest in plot 332 upon which a claim of 'recovery of land' could be based in terms of Section 7 of LAA. The claim was not time barred.
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Dream Camp Kenya Limited v Mohamed Eltaff & 3 others [2018] KECA 879 (KLR)
✦ The effective date to fix the fair market value is the date of judgment, namely, 28th July 2000
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Cyrus Komo v Hannah Nyambura Gikamu [2018] KECA 881 (KLR)
✦ The Court of Appeal upheld the High Court's judgment, affirming the order to cancel the subdivisions of the suit property and the refusal to grant the respondent's application for restitution.
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Kenya Commercial Bank Limited v Robert Kimutai Korir [2018] KECA 861 (KLR)
✦ The costs of the application shall abide the outcome of the appeal
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Kenya Wildlife Service v Lake Jipe Safari Lodge Limited [2018] KECA 880 (KLR)
✦ The applicant is entitled to evict the respondent under the lease agreement
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Lalji & another v Attorney General & 4 others (Civil Appeal 274 of 2014) [2018] KECA 856 (KLR) (19 January 2018) (Judgment)
✦ The High Court's dismissal of the amended application for judicial review is upheld.
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Cieni Plains Company Limited & 2 others v Ecobank Kenya Limited [2018] KECA 866 (KLR)
✦ Conditional injunction granted
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Kenya Power & Lighting Company Limited v Jane Wanjiru Gitau [2018] KECA 738 (KLR)
✦ The appeal is partially successful, with interest on loss of income from milk and manure sales to accrue from the date of judgment, the award of Kshs. 37,000/- as professional fees to be disallowed, and the period of loss to be reduced from 24 months to 6 months.
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Taj Villas Management Limited v Taj Mall Limited [2018] KECA 871 (KLR)
✦ We allow the appeal and set aside the judgment of the High Court, substituting an order dismissing the respondent's appeal.
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Samuel Wafunafu Wachilonga v John Makokha Sakwa [2018] KECA 272 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Wines & Spirits Kenya Limited & another v George Mwachiru Mwango [2018] KECA 293 (KLR)
✦ The respondent cannot succeed in obtaining title under the doctrine of adverse possession as he failed to prove continuous occupation for 12 years and that such occupation was within the 1st appellant's knowledge.
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Salim Juma Ali & another v Joyce Ningala Mwamutsi (as Administrator of the Estate of David Mwamutsi Murira) [2018] KECA 627 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Suleiman Abdalla Ewaton v Trustees Muslim Association Jamia Mosque Committee & 3 others [2018] KECA 707 (KLR)
✦ The application is dismissed. The costs of the application shall abide the outcome of the appeal.
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Woki Kamonde v Livingstone Munyui Kinuthia & 3 others [2018] KECA 417 (KLR)
✦ We allow this appeal, set aside the judgment of the High Court and substitute therefor an order allowing the appellant's OS filed in August 1993, as prayed therein.
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Housing Company of East Africa Limited v Board of Trustees National Social Security Fund & 2 others [2018] KECA 71 (KLR)
✦ The trial court's decision to rescind the agreement and forfeit the 10% deposit is upheld. The appellant is found in breach and the sale agreement is lawfully rescinded.
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Salome Njoki Njuguna v Jacob Muriungi Murea [2018] KECA 56 (KLR)
✦ The application is dismissed with costs
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Khetia Drapers Limited v Kenya Union of Commercial Food and Allied Workers [2018] KECA 792 (KLR)
✦ The appeal is allowed, with costs to the appellant. The order of the court dated 29th March, 2017 is set aside.
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Zaheer Jhanda & another v Independent Electoral & Boundaries Commission & 3 others [2018] KECA 432 (KLR)
✦ The appeal is dismissed with costs to the 1st, 2nd, and 3rd respondents, capped at Kshs.1,500,000/- for each.
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Stephen Wanyee Roki v K-Rep Bank Limited & 2 others [2018] KECA 643 (KLR)
✦ The appeal is dismissed as the learned judge exercised his discretion judiciously.
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Stephen M. Mogaka v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 505 (KLR)
✦ The Notice of Appeal is struck out.
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Samuel Amugune & 4 others v Attorney General [2018] KECA 40 (KLR)
✦ The appeal is allowed, the High Court's judgment is set aside, and the case is remitted for review of the new evidence presented by the appellants.
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Freight In Time Limited v Rosebell Wambui Munene [2018] KECA 148 (KLR)
✦ The award of 12 months' gross salary compensation for unfair dismissal is set aside and substituted with an award of six (6) months' salary of Ksh.300,000.
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Stephen Gitau Njoki v Republic [2018] KECA 874 (KLR)
✦ The appeal is dismissed in its entirety as the prosecution's evidence was sufficient to prove the charge beyond reasonable doubt, and the appellant did not raise issues related to the violation of his right to a fair hearing in the lower courts.