Court of Appeal judgments

Unitech Industries Agencies Limited v Yamanchili Venkata Siva Chalapathi & 12 others [2016] KECA 314 (KLR)

✦ The court finds no merit in the motion and dismisses it with costs.

[2016] KECA 314 (KLR) Court of Appeal

Williamson Sowa Mbwanga v Republic [2016] KECA 147 (KLR)

✦ The appeal is dismissed. The appellant was properly convicted of defilement and there is no basis for interference with the concurrent findings of the two courts below.

[2016] KECA 147 (KLR) Court of Appeal

Jubilee Insurance Company (K) Limited v Daniel Maingi Muchiri [2016] KECA 796 (KLR)

✦ The application is dismissed with costs to the respondent.

[2016] KECA 796 (KLR) Court of Appeal

Giro Commercial Bank Ltd v Ali Swaleh Mwangula [2016] KECA 259 (KLR)

✦ The appeal is dismissed with costs to the respondent. The interlocutory judgment is set aside, and the appellant and Car & General (K) Ltd are granted 14 days to file and serve their respective statements of defence.

[2016] KECA 259 (KLR) Court of Appeal

Joachim Von Stacklelberg & another v Yolanda Firth [2016] KECA 12 (KLR)

✦ The application must fail and is dismissed with costs.

[2016] KECA 12 (KLR) Court of Appeal

Hezbon Kamau Wambu v Republic [2016] KECA 326 (KLR)

✦ The appeal is accordingly dismissed.

[2016] KECA 326 (KLR) Court of Appeal

Hilda Kaari Mwendwa v Zakayo M. Magara & 2 others [2016] KECA 770 (KLR)

✦ The application is dismissed with costs to the respondents.

[2016] KECA 770 (KLR) Court of Appeal

Tracom Limited & another v Hassan Mohamed Adan [2016] KECA 150 (KLR)

✦ Interest should be applied from the date of assessment of the damages by the Court of Appeal, which was 6th November 2009.

[2016] KECA 150 (KLR) Court of Appeal

Evans Wamalwa Simiyu v Republic [2016] KECA 555 (KLR)

✦ The appellant was properly convicted of defilement and the conviction and sentence are confirmed.

[2016] KECA 555 (KLR) Court of Appeal

Hillary Kemboi Seurei v Republic [2016] KECA 199 (KLR)

✦ We allow the appeal in part and quash the conviction for robbery with violence and set aside the sentence imposed. We substitute therefore a conviction for the offence of grievous harm contrary to section 234 of the Penal Code and sentence him to ten years imprisonment from the date of conviction.

[2016] KECA 199 (KLR) Court of Appeal

Evans Lumumba Mochoge v Republic [2016] KECA 503 (KLR)

✦ The High Court erred in directing the Kenya Forest Service to issue a Gazette Notice and proceed to forfeit the unclaimed vehicle. The motor vehicle registration number KAK 830T is ordered to be released to the appellant.

[2016] KECA 503 (KLR) Court of Appeal

Geoffrey Mangera Omwoyo v Yobencia Kemunto Kemoni & another [2016] KECA 739 (KLR)

✦ The respondents' suit was not statute barred, and the trial court's decision to re-survey the parcels and adjust their measurements was well-founded.

[2016] KECA 739 (KLR) Court of Appeal

Hezron Alloys Nyachae v James Obiri Oenga & another [2016] KECA 109 (KLR)

✦ The application for extension of time to file and serve a record of appeal is denied.

[2016] KECA 109 (KLR) Court of Appeal

University of Nairobi v Devcon Group Limited [2016] KECA 49 (KLR)

✦ The appeal is allowed with costs to the appellant. The learned judge's judgment is set aside as it was based on a contract not produced in evidence.

[2016] KECA 49 (KLR) Court of Appeal

Uchumi Supermarket Ltd v Toigoi Investment Limited [2016] KECA 104 (KLR)

✦ The High Court held the appellant liable in negligence for the fire that damaged the respondent’s building and awarded special damages of Kshs. 37,251,960.00, interest, and costs.

[2016] KECA 104 (KLR) Court of Appeal

Habib Bank A.G. Zurich v Rajnikant Khetshi Shah [2016] KECA 379 (KLR)

✦ The application for stay of execution is allowed

[2016] KECA 379 (KLR) Court of Appeal

Ethiopian Airlines Enterprise v Beauttah Anselmo Maali [2016] KECA 51 (KLR)

✦ The High Court's judgment was set aside, and the respondent was awarded compensation for the breach of contract as per the Memorandum of Agreement.

[2016] KECA 51 (KLR) Court of Appeal

J.E. Kamau & another (Suing as officers of Tena Residents Associates) v Job [2016] KECA 310 (KLR)

✦ The appeal is dismissed with costs, as the High Court did not err in dismissing the suit for want of prosecution

[2016] KECA 310 (KLR) Court of Appeal

Hannah Maina t/aTaa Flower v Rift Valley Bottlers Limited [2016] KECA 312 (KLR)

✦ The appeal is allowed to the extent that the judgment against the respondent is set aside, leaving the judgment against the receiver/manager to stand.

[2016] KECA 312 (KLR) Court of Appeal

Hannah Mugure Karago v Peter Karuri Waweru & Another [2016] KECA 799 (KLR)

✦ The appeal is dismissed with costs to the respondents.

[2016] KECA 799 (KLR) Court of Appeal

Hezron Aura Ngutu v Republic [2016] KECA 299 (KLR)

✦ The Court dismissed the appeal, upholding the conviction and sentence.

[2016] KECA 299 (KLR) Court of Appeal

Gushashi Lelesit v Republic [2016] KECA 276 (KLR)

✦ The appeal against conviction is dismissed. The appeal against sentence enhancement is allowed, and the sentence is reduced from 21 years to 15 years.

[2016] KECA 276 (KLR) Court of Appeal

Habo Agencies Limited v Wilfred Odhiambo Musingo [2016] KECA 477 (KLR)

✦ The appeal is dismissed with costs, and the single judge's ruling is upheld.

[2016] KECA 477 (KLR) Court of Appeal

Geoffrey Chege Mwangi v Republic [2016] KECA 179 (KLR)

✦ The High Court's sentences for counts two and three are set aside and substituted with a sentence of imprisonment for ten (10) years for count two and one (1) year for count three, to run concurrently.

[2016] KECA 179 (KLR) Court of Appeal

Flemish Investments Limited v Town Council of Mariakani [2016] KECA 68 (KLR)

✦ The Court of Appeal held that Plot No. 34 and the cattle dip are not part of the suit property.

[2016] KECA 68 (KLR) Court of Appeal

Kenyan case law