Kenyan case law
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Garama v Karisa & 3 others (Election Petition Appeal (Application) 1 of 2023) [2023] KECA 924 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs.
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MAAA (Suing in his Capacity as the Administrator of the Estate of AMAA - Deceased) v FSS (Civil Appeal (Application) 25 of 2022) [2023] KECA 933 (KLR) (28 July 2023) (Ruling)
✦ The application fails and is hereby dismissed with costs to the respondent.
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Otieno v Colour Print Limited & another (Civil Application E007 of 2021) [2023] KECA 1012 (KLR) (28 July 2023) (Ruling)
✦ The court allows the motion for extension of time to file the Notice of Appeal, given that the delay was not inordinate and the applicant had taken steps to apply for proceedings within the stipulated period.
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Vomorono Limited v Saikwa & another (Civil Application 280 of 2019) [2023] KECA 909 (KLR) (24 July 2023) (Ruling)
✦ The 1st respondent's notice of appeal was filed within the prescribed period and the applicant's motion to strike out the notice of appeal is time-barred and should be struck out with costs
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Nairobi South Hospital v CKN & another (Civil Application E177 of 2023) [2023] KECA 888 (KLR) (24 July 2023) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Njoru & another v Equity Bank Limited & another; Ndegwa (Interested Party) (Civil Appeal (Application) 317 of 2018) [2023] KECA 896 (KLR) (24 July 2023) (Ruling)
✦ The appeal is revived and John Murage Ndegwa is substituted in place of the deceased appellants.
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Kibuwa Leasing & Management Limited v Jadala Investments Limited & another (Civil Appeal 464 of 2018) [2023] KECA 895 (KLR) (24 July 2023) (Judgment)
✦ Affirming the High Court's decision
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Boro v Githunguri & 3 others (Suing as Administrators of the Estate of Mugacha Thaara Deceased) (Civil Appeal (Application) E209 of 2022) [2023] KECA 889 (KLR) (24 July 2023) (Ruling)
✦ The court granted leave to file and serve a notice of appeal and the appeal out of time.
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Itumbi v Public Service Commission & 3 others (Civil Application E081 of 2023) [2023] KECA 911 (KLR) (24 July 2023) (Ruling)
✦ The application is allowed. The applicant's Notice of Appeal dated February 23, 2023, is deemed as duly filed and properly on record. The applicant is granted seven days to serve the Notice of Appeal and thirty days to file and serve the Record of Appeal. The costs of this application shall be in the appeal.
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Airtel Networks Kenya Limited v Africa Management Communications Limited (Civil Appeal E103 of 2021) [2023] KECA 898 (KLR) (24 July 2023) (Judgment)
✦ The appeal is dismissed as the issues raised could and should have been raised in the original application.
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Parkar & another v NQ & 2 others (Civil Appeal 139 of 2020) [2023] KECA 908 (KLR) (24 July 2023) (Judgment)
✦ We dismiss this appeal with costs to the 1st and 2nd respondents.
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KCB Bank Limited v Inyangu (Civil Application E460 of 2022) [2023] KECA 913 (KLR) (24 July 2023) (Ruling)
✦ We find and hold that we have no jurisdiction to determine the applicant's motion and hereby dismiss it with no orders as to costs.
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Kaloki v Hinga (Civil Appeal (Application) E663 of 2022) [2023] KECA 892 (KLR) (24 July 2023) (Ruling)
✦ The motion for extension of time and stay of execution is dismissed with costs.
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The German School Society & another v Ohany & another (Civil Appeal 325 & 342 of 2018 (Consolidated)) [2023] KECA 894 (KLR) (24 July 2023) (Judgment)
✦ The appeals are dismissed.
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Bulle t/a Todonyang Investments Limited v Kenya Commercial Bank Limited & 2 others (Civil Application E436 of 2022) [2023] KECA 910 (KLR) (24 July 2023) (Ruling)
✦ The application fails and is accordingly dismissed.
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Mohamed v Adan & 3 others (Civil Application E202 of 2023) [2023] KECA 887 (KLR) (24 July 2023) (Ruling)
✦ The application for stay of execution is allowed
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Adam v Jiir & 3 others (Election Petition Appeal E008 of 2023) [2023] KECA 884 (KLR) (24 July 2023) (Ruling)
✦ There is no valid appeal before the Court as only a proper notice of appeal can trigger an appeal.
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Godson Sixty One School Limited v Symbion Kenya Limited (Civil Appeal 158, 159 & 160 of 2020 (Consolidated)) [2023] KECA 900 (KLR) (24 July 2023) (Judgment)
✦ The appeals are dismissed as the appellant did not seek leave to appeal and the appeals do not meet the narrow test allowed by the Apex Court in the Nyutu Case.
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Mbatha v Republic (Criminal Appeal 90 of 2020) [2023] KECA 915 (KLR) (24 July 2023) (Judgment)
✦ The appeal against conviction fails, and the sentence is reduced to 20 years from the date of arrest.
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Quadrant Service Limited v Makutu & another (Civil Appeal (Application) E267 of 2021) [2023] KECA 893 (KLR) (24 July 2023) (Ruling)
✦ The Court allows the application and issues orders as prayed, making no orders as to costs.
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Maina (Suing on his Behalf and as the Chairman of Lavington Five Roads Association) v Director General, Nairobi Metropolitan Services & 2 others (Civil Application E069 of 2023) [2023] KECA 890 (KLR) (24 July 2023) (Ruling)
✦ The interim injunction is granted to restrain the 3rd respondent from undertaking any construction on the suit property pending the hearing and determination of the intended appeal.
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Mayon (Suing as legal representatives of the Estate of Saginoi Ole Ndetuka aka Sagindi Ole Ndentuka - Deceased) v Mwai & 4 others (Civil Application E171 of 2023) [2023] KECA 914 (KLR) (24 July 2023) (Ruling)
✦ The applicant's application for extension of time to file the record of appeal is allowed, and the record of appeal shall be filed within 14 days from the date of this ruling.
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Coastal Kenya Enterprises Limited v Muchiri (Civil Appeal 84 of 2017) [2023] KECA 897 (KLR) (24 July 2023) (Judgment)
✦ The appeal is partially successful, with the award on loss of earning capacity and loss of future earnings reduced from Kshs 15,977,960 to Kshs 8,845,200.
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Muritu v Kigwe Limited & 3 others (Civil Application E466 of 2021) [2023] KECA 886 (KLR) (24 July 2023) (Ruling)
✦ The application is allowed with the following terms: leave granted to amend the notice of appeal, extension of time for filing and serving the amended notice of appeal, and service of the amended notice of appeal and the letter requesting for certified proceedings within seven days.
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Thika Muslim Co-operative Society Limited v Zubeidi (Civil Application E180 of 2023) [2023] KECA 899 (KLR) (24 July 2023) (Ruling)
✦ The application is dismissed with costs, as the delay in filing the appeal is inordinate and the applicant has not provided a satisfactory explanation.