Kenyan case law
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Patrick Ngumbao Mweni v Richard Kipkemei Limo & 4 others [2021] KECA 837 (KLR)
✦ The application is dismissed with costs to the 2nd respondent
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Charles Omeri Kwangoto v Halima Wanga Nambwaya [2021] KECA 893 (KLR)
✦ We find no merit in the motion and dismiss it with costs to the respondent.
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Gabriel Owino & Morris Ouma Omondi v Odongo Ondwako Khadudu, Oduori Ondwako Khadudu alias Nyagweso & Owino Odwako (Civil Appeal (Application) 16 of 2016) [2021] KECA 786 (KLR) (19 March 2021) (Ruling)
✦ The Court dismissed the application for restoration of the appeal.
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Musa Wambugu John v Miriam Njoki Gitonga & another [2021] KECA 829 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Paul Thuku Gachora v Naivas Company Limited [2021] KECA 727 (KLR)
✦ The notice of appeal dated 19th May, 2016 is deemed withdrawn on condition that if no appeal is filed within 60 days of the ruling, the notice of appeal will be deemed withdrawn. Costs of the application in the intended appeal will be awarded to the applicant if no appeal is filed.
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Teachers Service Commission v Job Kisinjilu Aliero (Civil Application 144 of 2020) [2021] KECA 792 (KLR) (19 March 2021) (Ruling)
✦ The applicant is granted leave to file and serve a notice of appeal within fourteen days of the date of the ruling and sixty days from the date of the lodging of the notice of appeal.
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Pevans East Africa Limited v Betting Control & Licensing Board & 2 others; Safaricom Limited & another (Intrested Parties) [2021] KECA 847 (KLR)
✦ The appeal is dismissed with costs.
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Acton Musii Khalambukha & another v Patrick Malongo Lidovolo [2021] KECA 891 (KLR)
✦ The application for stay of execution of the judgement and/or orders is dismissed with costs.
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Margaret K Wambua & another v Mutisya Muindi Mzusyo & another [2021] KECA 835 (KLR)
✦ The application fails and is dismissed.
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Joshua Jaoko Otieno v Erastus Opiyo Otieno [2021] KECA 785 (KLR)
✦ The application is struck out for being premature. The applicant is rerouted back to the ELC to seek leave to appeal and thereafter proceed accordingly to law.
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Kennedy Odhiambo Owiti (Practicing as Odhiambo Owiti & Company Advocates) v Jane A. Staussi, Betty O. Asunah (Practicing as Staussi & Asunah Advocates) [2021] KECA 900 (KLR)
✦ The Court extended the time to file the record of appeal and deemed it properly filed, allowing the appeal to proceed on its merits.
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Peter Macharia Kariuki v Eunice Mugure Muchori & 2 others [2021][ eKLR [2021] KECA 803 (KLR)
✦ The application for stay of execution and injunction is granted, maintaining the current status quo of the disputed land parcels pending the intended appeal.
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Emmanuel Kaingu Karisa & Swaleh Bwana Obo v National Land Commission & Land & Adjudication Department; County Government of Lamu & Manda Surveying Project Committee (Interested Parties) (Civil Appeal 3 of 2017) [2021] KECA 870 (KLR) (19 March 2021) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent and the 2nd interested party.
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County Secretary of Kajiado & 47 others v Salaries & Remuneration Commission & another [2021] KECA 817 (KLR)
✦ The application for injunction is dismissed with costs.
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Eco Bank Kenya Limited v Manasseh Denga & another [2021]n eKLR [2021] KECA 767 (KLR)
✦ The application for stay of execution of part of the judgment and decree is granted, but the application for stay of execution of part of the judgment ordering costs and the application for injunction are dismissed.
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Mahavir Transpoters Contractors Ltd v Rambart Miheso Ifedha & 2 others [2021] KECA 868 (KLR)
✦ The application is allowed with costs in the intended appeal.
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Benson Mugo Mukunya v Samuel Mwanganu Thuku & 11 others [2021] KECA 747 (KLR)
✦ The application has no merit and is dismissed in its entirety, with costs to the 1st to 7th respondents.
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Kamuthi Farmers Co-operative Society Ltd v Nairobi City County & 19 others [2021] KECA 780 (KLR)
✦ The application for substituted service was granted.
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Rift Valley Agricultural Contractors Limited (RVACL) & Mavipa Farmers Limited (MFL) v Agricultural Finance Corporation (AFC) & National Bank of Kenya Limited (NBK) [2021] KECA 739 (KLR)
✦ The application for stay of proceedings is dismissed as the applicants have not satisfied the twin principles to warrant an order of stay of the proceedings.
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Blue Nile (East Africa) Limited v Ase Metal N.V Belgium [2021] KECA 775 (KLR)
✦ The application is dismissed with costs to the respondent as the appeal is not arguable.
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Muzaffer Musafee Essajee & another v Anne Njeri Mwangi [2021] KECA 716 (KLR)
✦ We allow the application dated 9th March, 2020 as prayed with costs.
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Katton Chemusany Kerker & Gibson Niwai Chemusany v Sheila Chemutai Chemusany, Selina Chepkemoi Chemusany, Patrick Jumamosi Chemusany, Jackson Lomeri, Lilian Cherop Chemusany & Loice Cheruto (Civil Appeal (Application) 98 of 2020) [2021] KECA 830 (KLR) (19 March 2021) (Ruling)
✦ The motion is dismissed with costs.
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Elijah Ochieng Ogui v Tobias Omondi [2021] KECA 894 (KLR)
✦ The application is allowed, and the applicant shall file and serve his memorandum and record of appeal within 45 days from the date of delivery of this ruling.
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Centurion Engineers and Builders Ltd v Kenya Bureau of Standards [2021] KECA 774 (KLR)
✦ The Court rescinds the ruling of 20th December, 2019 and restores the applications to their respective status in the litigation as at 19th September, 2019. The applications are ordered to be heard separately, with the hearing of application No. Nai 65 of 2019 awaiting the outcome of the determination by a single Judge in chambers of application No. Nai 71 of 2019.
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Kenya National Highway Authority v Moses Kipkoech Rotich & 7 others [2021] KECA 856 (KLR)
✦ The application for stay of execution is denied.