Kenyan case law
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Stephen M Mogaka v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 510 (KLR)
✦ The appeal is marked as withdrawn under Rule 81 of the Court of Appeal Rules and costs are awarded to the respondents.
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Hassan Jimal Abdi v Ibrahim Noor Hussein & 2 others [2018] KECA 113 (KLR)
✦ The Court of Appeal has no jurisdiction to hear or entertain a second appeal involving the election of a member of the county assembly.
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Imperial Bank Limited (In Receivership) & another v Alnashir Popat & 18 others [2018] KECA 685 (KLR)
✦ The Court extended time and ordered that the applicants' appeal be deemed to have been filed on time.
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Independent Electoral and Boundaries Commission v Wilson K.C. Shollei [2018] KECA 848 (KLR)
✦ The Court of Appeal found that the learned Judge erred in her exercise of discretion by failing to address the principles of injunctions as enunciated in GIELLA vs. CASSMAN BROWN & CO. LTD [1973] EA 358.
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Techno Holdings Limited & 4 others v National Social Security Fund Board of Trustees [2018] KECA 378 (KLR)
✦ The application lacks merit and is dismissed with costs.
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Freshia Wambui Muiruri v Willie Kiritu Kigotho [2018] KECA 285 (KLR)
✦ The court found in favor of the respondent on the issue of adverse possession.
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Shade Manufacturers and Hotel Limited v Serah Mweru Mutuu & 3 others [2018] KECA 205 (KLR)
✦ The applicant has no right of appeal to this Court and the ruling of the ELC is a negative order incapable of execution or stay.
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Family Bank Limited & 2 others v Director of Public Prosecutions & 2 others [2018] KECA 857 (KLR)
✦ We find no merit in the application and order it dismissed with costs.
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Fredrick Kagia Kimani v Damaris Wanjiku Gachoka [2018] KECA 121 (KLR)
✦ The application is dismissed with costs to the respondent.
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Suleiman Salim Mwandogo v Hannelore Mwandogo [2018] KECA 416 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Robert Matolo Muli & another v Susan Kavata Mutungwa & another [2018] KECA 654 (KLR)
✦ The Court declines to certify the application urgent, directing it to be listed in the normal manner.
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Susan Mbogo Ng’ang’a v Attorney General (sued for and on behalf of the Chief Magistrate’s Court, Nyeri Law Courts) & 2 others [2018] KECA 46 (KLR)
✦ The Court held that KACC did not have the power to prosecute under Section 35 of the ACECA and declined to acquit the appellant, ordering the termination of the three charges before the Magistrate's court.
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Garissa Mattresses Limited v Margaret Walegwa Wamwandu [2018] KECA 756 (KLR)
✦ The appeal is dismissed with costs to the 7th respondent
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Shah Munge & Partners Ltd v National Social Security Fund Board of Trustees & 3 others [2018] KECA 865 (KLR)
✦ The Court finds that the applicant has demonstrated an arguable appeal regarding the issue of liability for breach of contract. The Court also considers that the appeal will not be rendered nugatory.
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Suleiman Kasuti Murunga v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 538 (KLR)
✦ The Notice of Appeal is struck out due to non-compliance with the Election Act and Court of Appeal Rules.
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George Mwai Mburu v Mary Wamaitha Kaitany & another [2018] KECA 483 (KLR)
✦ The court found that the plots B1 and B2 were correctly allocated to the 1st respondent and are not the same as plots Nos. 6 and 7. The court dismissed the appeal and ordered the dismissal of the appeal with costs to the respondents.
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Krystalline Salt Limited v Water Resource Management Authority [2018] KECA 155 (KLR)
✦ The Court of Appeal granted the application for a stay of execution, subject to the applicant providing a reasonable financial security in the form of a bankers' guarantee.
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Silverse Lisamula Anami & another v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 450 (KLR)
✦ The appeal is dismissed. The High Court's order for scrutiny and recount was upheld.
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Wilson Ndirangu King’ori v Republic [2018] KECA 703 (KLR)
✦ The appeal is dismissed as the only complaint raised is on the severity of the sentence imposed by the trial court, which is a matter of fact and not available for consideration in a second appeal.
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Mohamed Madhubuti v Jelani Mohamed Habib [2018] KECA 295 (KLR)
✦ The appeal is dismissed
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John Mulwa Nzioki v Philip Kibuba Nzioka & another [2018] KECA 466 (KLR)
✦ The application for urgency is denied as the applicant has not demonstrated that the application is urgent.
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Sunpalm Limited v Mohamed Siaka Ali (Through Mohammed Shaibu Shosi- Personal Legal Representative, Issa Timamy t/a Timamy & Company Advocates, Stewert Madzayo t/a Madzayo & Company Advocates & Chief Land Registrar [2018] KECA 440 (KLR)
✦ The court dismissed the application to join Mr. Mugambi as an Interested Party in the appeal, finding no conflict of interest and insufficient basis for the application.
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Martin Sisimwo & 3 others v Virginia Chelimo & another [2018] KECA 110 (KLR)
✦ The application for extension of time to file an appeal is dismissed with costs to the respondents.
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Rashid Mazuri Ramadhani & 10 others v Doshi & Company (Hardware) Limited & another [2018] KECA 427 (KLR)
✦ The appellants' daily contract could not be converted into a term contract, and they were not entitled to notice, leave, or certificate of employment.
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Kenya Medical Research Institute v Davy Kiprotich Koech [2018] KECA 128 (KLR)
✦ The appeal is dismissed, and the suit is transferred to the Employment and Labour Relations Court for hearing and determination.