Kenyan case law
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Gerald Muli Killu v Barclays Bank of Kenya [2016] KECA 641 (KLR)
✦ The appeal is dismissed, and each party is ordered to pay their own costs.
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Silas Yego & another v Moses Muturi & 6 others [2016] KECA 64 (KLR)
✦ The motion is denied as the notice of appeal is undated, unsigned, and unfiled, and the court cannot issue an order to deem it as filed and served.
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Holy Redeemed Apostolic Ministries International v New Spring of Life Ministries [2016] KECA 6 (KLR)
✦ The application is dismissed. The appeal is not set down for hearing inter partes.
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John Francis Muyodi v Peter Lunani Ongoma & 2 others [2016] KECA 726 (KLR)
✦ The court dismissed the appeal, finding that the appellant's claim for adverse possession was unfounded due to lack of continuous and uninterrupted possession for 12 years.
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Vincent Sululu & another v Rose Wanjiru [2016] KECA 156 (KLR)
✦ The High Court judgment on loss of dependency is set aside and the award is reduced to Kshs.1,123,200/=. The award for pain and suffering and special damages are reduced by 20% contributory negligence. The costs of the appeal are awarded to the respondent.
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Robert Wangoro & another v Republic [2016] KECA 700 (KLR)
✦ The appeal is dismissed as there was sufficient evidence to sustain the convictions on all counts.
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Wilson Cheboi Yego v Samuel Kipsang Cheboi [2016] KECA 92 (KLR)
✦ The application for extension of time to appeal and validation of the notice of appeal is granted.
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Eva Wangui Murua v Kigerua Motors, John Gathu Mukuria,Tango Auctioneers & Yunis Malik [2016] KECA 725 (KLR)
✦ Granting leave to the applicant to seek leave of court to serve the named respondents with a hearing notice and other documents by way of approved forms of courier, Registered Post, and advertisement in the local dailies.
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Pasteur Dukuzumuremyi v Anthony Milimu Lubulellah & Another [2016] KECA 198 (KLR)
✦ The application is allowed, extending the time to serve the Notice of Appeal to December 2, 2015, and deeming the Notice of Appeal as properly filed and served.
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Mwihangiri Farmers Limited v Ecumenical Development Co-operative Society (E.D.C.S.) [2016] KECA 560 (KLR)
✦ The appeal is dismissed with costs to the respondent
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John Faustine Kinyua v Republic [2016] KECA 149 (KLR)
✦ The appeal is dismissed, and the appellant is ordered to be presented before the Chief Magistrate's Criminal Court at Milimani within seven days.
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National Bank of Kenya Limited v Devji Bhimji Sanghani & another trading under the style of Sanghani Builders [2016] KECA 598 (KLR)
✦ The application is time barred under Section 4(4) of the Limitation of Actions Act, and the Notice of Motion application dated 15th November 2010 is hereby dismissed with costs to the Respondent.
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W S v Republic [2016] KECA 654 (KLR)
✦ The appeal is allowed and the special finding is set aside. A retrial is ordered within 14 days.
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Mae Properties Limited v Subash Chander Kohli & another [2016] KECA 431 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Simon Ngomoro v Republic [2016] KECA 455 (KLR)
✦ The appeal is dismissed. The learned Judge's analysis and conclusions were warranted, and the evidence supported the conviction for murder.
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Godfrey Kinuu Maingi & 4 others v Nthimbiri Farmers Co-operative Society [2016] KECA 591 (KLR)
✦ The Court of Appeal dismisses the application for leave to appeal and stay of execution, finding that the applicants do not have an arguable appeal and that the High Court's decision on the appeal is final.
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Tobias O. See v Maseno University & 3 others [2016] KECA 360 (KLR)
✦ The Court allows the application and extends the time for filing and serving a Notice of Appeal by fourteen (14) days from the date hereof.
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Jared Aimba v Fina Bank Limited [2016] KECA 452 (KLR)
✦ The termination was valid and the applicable employment contract is that of 10th January 2006. The appellant is not entitled to any further remedies.
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Wallen Nyando Makomere v Republic [2016] KECA 793 (KLR)
✦ The appeal is allowed, conviction and sentence are set aside, and the appellant is released.
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Silvergate Academy Limited v National Bank of Kenya Limited [2016] KECA 837 (KLR)
✦ The learned Judge's ruling is upheld. The applicant's Notice of Motion is dismissed with costs.
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Stella Mokeira Matara v Thaddues Mose Mangenya & another [2016] KECA 746 (KLR)
✦ The court dismissed the appellant's application for injunction, finding that the appellant did not establish that the learned judge exercised his discretion erroneously in rejecting her contention that her consent was required before the suit properties could be charged to the 2nd respondent.
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Shadrack K. Kimose & 147 others v Lomolo (1962) Limited [2016] KECA 285 (KLR)
✦ The application fails and is dismissed with costs to the respondent.
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Kenya Knitting & Weaving Mills Limited v Kenya Power & Lighting Company Limited [2016] KECA 575 (KLR)
✦ The respondent was not entitled to terminate the lease and was not liable for damages.
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George Kamau Kimani & 4 others v The County Government Of Trans-Nzoia & another [2016] KECA 11 (KLR)
✦ The applicants' application is devoid of merit and is dismissed with costs
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George Otieno Oyieko v Republic [2016] KECA 132 (KLR)
✦ The appeal is dismissed. There was no violation of Article 49(1)(f) of the Constitution. The charge sheet was not defective. The prosecution case was proved to the required standard.