Kenyan case law
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Anthony Mbwabi Khayimba v Laxmanbhai Construction Limited [2021] KECA 954 (KLR)
✦ The motion to strike out the Notice of Appeal is dismissed with costs to the respondent.
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Daniel Kiilu Ngomo v Simon Ngao Mbithe [2021] KECA 984 (KLR)
✦ The applicant’s motion is dismissed as there is no basis to exercise the discretion in his favor.
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Michael Otieno Nyaguti & 2 others v Kenya National Highways Authority [2021] KECA 982 (KLR)
✦ The court held that the requirement of a notice being served on the Director General does not hinder a litigant from accessing the court, and that the court should not exercise jurisdiction under Article 165 of the Constitution until other constitutional bodies or state organs have been given the opportunity to resolve the dispute.
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Charles Ondiek Awuor & another v Jacob Odhiambo Otieno [2021] KECA 983 (KLR)
✦ The application is dismissed with no order as to costs.
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Joseph Gichuhi Kamau & another v Salome Wacheke Kanyingi [2021] KECA 981 (KLR)
✦ The appeals are dismissed. The trial judge's findings and orders are upheld.
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Margaret Wairimu Kairu v Michael Njau Wango & another [2021] KECA 971 (KLR)
✦ The application for extension of time is allowed, and the costs of the application shall be in the appeal.
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James Mwangi Maina v Republic [2021] KECA 966 (KLR)
✦ The Court upheld the conviction and sentence, finding no miscarriage of justice due to the failure to specify the count and that the identification was proper.
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Michael Murithi Muthii v Cecilia Wanjiru Cooper & 3 others [2021] KECA 964 (KLR)
✦ The appeal is dismissed with costs to the respondents, as the trial court properly issued the order for specific performance
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Badrudin Hussein Haji Issa v Abdul Azim Kassam & 3 others [2021] KECA 948 (KLR)
✦ The appeals are dismissed with costs to the respondents.
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Kagaari South Farmers Co-operative Society Limited & 4 others v Bernard Mugo & 5 others [2021] KECA 956 (KLR)
✦ The Motion fails and is dismissed with costs to the respondents.
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Samuel Mukuha Njuki & another v Margaret Nyokabi Kahihu & another [2021] KECA 959 (KLR)
✦ The application for leave to appeal out of time is dismissed with costs to the respondents.
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Orkistudio Company Limited v Margaret Abukutsa Vidolo & another [2021] KECA 957 (KLR)
✦ The court grants the stay of execution of the judgment, finding that the applicant has an arguable appeal and that the 1st respondent's contention that the applicant's appeal is wanting for having been filed outside the stipulated period is to be addressed in another forum.
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Maasai Mara University & another v Misia Manuguti Kadenyi [2021] KECA 976 (KLR)
✦ The respondent was employed on contract terms as DVC but on permanent and pensionable terms as a Professor.
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County Government of Kakamega v Anthony Milimu Lubulleleh & 2 others [2021] KECA 978 (KLR)
✦ The application is unmerited and dismissed. The intended appeal would not be rendered nugatory if successful.
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Licinus Investments Limited v Maurizio Dalpiaz [2021] KECA 946 (KLR)
✦ The Court of Appeal dismissed the application for stay of execution.
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Nerry Otieno Achar v County Assembly of Kisumu & another [2021] KECA 975 (KLR)
✦ The applicant's petition was dismissed by the ELRC, and the resulting order is a negative order that is not capable of execution. An injunction is not available.
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Daniel Maina Njoroge v James Ndegwa Gititu [2021] KECA 960 (KLR)
✦ The application is dismissed with costs to the respondent.
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Mayfair Insurance Company Limited & another v Nakuru Polyplast Limited & 3 others [2021] KECA 958 (KLR)
✦ The application is granted, and the stay of execution of the judgment and orders appealed against is allowed on condition that the applicants deposit 50% of the decretal amount in an interest-earning joint account in the names of counsel for both parties within 45 days from the date of the judgment.
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Paul Korir Sawe & another v Salina C. Sawe [2021] KECA 974 (KLR)
✦ The application is allowed, and the record of appeal is deemed to be properly filed with the time extended to include the date it was served on the respondent.
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Chase Bank Limited v Diana Moraa Abuta [2021] KECA 945 (KLR)
✦ The application is dismissed with costs to the respondent.
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Perry Mansukh Kansagara & 3 others v Director of Public Prosecutions [2021] KECA 941 (KLR)
✦ The application is dismissed with costs in the intended appeal.
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John Kamau Gachina v Safia Salim Karama [2021] KECA 969 (KLR)
✦ The court finds the transfer of the suit property to the appellant invalid and dismisses the appellant's claim. The court directs the Land Registrar to cancel the appellant's title and register the respondent as the owner of the suit property.
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Peris Wanjiku Karagu & 3 others v Frashia Njeri Muthaka [2021] KECA 980 (KLR)
✦ The application fails. The judgment of the ELC was carried into effect prior to the filing of the present application.
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Jayesh Autospares Ltd v Kapterit Rapid Co. Ltd & 2 others [2021] KECA 977 (KLR)
✦ The application for extension of time to file and serve the notice of appeal is allowed on the following terms: the applicant has 14 days to file and serve the notice of appeal, and the record of appeal must be filed within 60 days from the date of the notice of appeal.
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Paul Njeru Mwathe v Vidya Thira Mwathe & 3 others [2021] KECA 961 (KLR)
✦ The application is dismissed with no orders as to costs.