Kenyan case law
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Ikumbi Estate Investment Limited v John Mbogo Nyambura [2019] KECA 205 (KLR)
✦ The application is struck out with costs to the respondent due to lack of locus standi and failure to exhibit authority for the deponent of the supporting affidavit
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Governor Bungoma County v John Mining Temoi & 19 others [2019] KECA 29 (KLR)
✦ The appeal is allowed, the judgment and orders made by the lower court are hereby set aside, and the respondents' petition is dismissed.
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Gailord Yambwesa Landi v Republic [2019] KECA 149 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, and the case remitted for retrial
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Tatu City Limited & another v Rosemary Wanja Mwangiru & 4 others [2019] KECA 764 (KLR)
✦ The appeal is successful, and the High Court judgment is set aside. The petition is dismissed with costs.
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Joseph Kipkoech Chemor v Kimaiyo Chemor & another [2019] KECA 525 (KLR)
✦ The Court of Appeal upheld the Environment and Land Court's declaration that the disputed land belongs to the estate of the deceased and not to the appellant, and affirmed the injunction and order for the discharge of the loan encumbrance.
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Francis Faya Ochieng v Republic [2019] KECA 797 (KLR)
✦ We find doubt in the prosecution case and allow the appeal, setting aside the appellant's conviction and ordering his release unless otherwise lawfully held.
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Willesden Investments Limited v Kenya Hotel Properties Limited [2019] KECA 62 (KLR)
✦ Application for the release of Bank Guarantee No. DBK/200/030 is dismissed and the release is stayed pending hearing and determination of Kenya Hotel's application for review in CA No. 149 of 2007 and the hearing and determination of CA No. 404 of 2018.
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Scorpio Elegance Limited v Kenya Power & Lighting Limited [2019] KECA 732 (KLR)
✦ The appeal is allowed in part, and the respondent shall pay the appellant special damages for the cost of spares to replace damaged parts of the pump and cost of labour to refit the pump.
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Surekha Hasmukhlal v Irchand Shah & 2 others v Investment & Mortgages Bank Limited [2019] KECA 48 (KLR)
✦ The applicants have not satisfied the court that the issue to be canvassed before the Supreme Court is one which transcends the circumstances of this particular case and has a significant bearing on public interest and is, therefore, a matter of general public importance.
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Shadrack Obuya Mukanda v Jason Mogaka Otiso [2019] KECA 272 (KLR)
✦ We allow the appeal, set aside the judgment and decree of the Employment and Labour Relations Court, and dismiss the respondent's suit with costs.
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Grain Pro Kenya Inc. Ltd v Andrew Waithaka Kiragu [2019] KECA 563 (KLR)
✦ The court finds that the respondent was entitled to house allowance and awards Ksh. 231,750 as house allowance, substituting the original award of Ksh. 571,531.
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Solomon Limangura v Republic [2019] KECA 154 (KLR)
✦ The court found that the prosecution's evidence was not built on hearsay, the complainant positively identified the appellant, and the evidence established the age of the complainant and the elements of the offence.
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Grace Mmbone Kamidi v Hudson Ambani & 2 others [2019] KECA 28 (KLR)
✦ The learned Judge misdirected himself in his finding dismissing the appellant's case.
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Sinaraha Baya v Republic [2019] KECA 502 (KLR)
✦ The appeal is dismissed as the conviction and sentence are upheld
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James Mwangi Njehia & another v Simon Kamau [2019] KECA 1003 (KLR)
✦ We allow the application and order that the status quo on the registration of the suit property as at 26th November, 2018 be maintained pending the hearing and determination of the intended appeal.
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Simon Mara Khate v Annet Mulamasi & Co. Advocates [2019] KECA 1057 (KLR)
✦ The appeal is dismissed with costs as the appellate jurisdiction of the Court of Appeal has not been properly invoked and the notice of appeal is defective.
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Stephen Mutuku Mulinge & another v Dickson M. Mutuku & another [2019] KECA 838 (KLR)
✦ The trial court dismissed the appellants' suit as they failed to prove their claims on a balance of probabilities.
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Gitamaiyu Trading Company Ltd v Nyakinyua Mugumo Kiambaa Co. Ltd & 11 others [2019] KECA 1007 (KLR)
✦ The appeal is dismissed with costs to the 1st to 7th respondents.
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Simon Shisukane v Republic [2019] KECA 583 (KLR)
✦ The appeal is dismissed. The conviction and sentence of death are upheld.
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SKHS v SSNS [2019] KECA 1043 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's decision to refer the succession matter to the Chief Kadhi's court
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Simon Mukusu v Republic [2019] KECA 132 (KLR)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence is set aside and substituted with a 5-year imprisonment.
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Godfrey Ajuong Okumu v Engineers Board of Kenya [2019] KECA 985 (KLR)
✦ The application succeeds and there will be a temporary order of injunction in terms of prayer 4 of the motion dated 7th November, 2018, the effect of which is that, pending determination of the appeal, the suspension of the applicant’s licence is temporarily stopped.
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Swabir Bukhet Labhed v Republic [2019] KECA 835 (KLR)
✦ The court finds the appellant's conviction sound and upholds the sentence of 15 years imprisonment and a fine of Kshs.200,000.
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Tornado Carriers Limited v Kenfreight Uganda Limited & another [2019] KECA 957 (KLR)
✦ The appeal is allowed, the Ruling and Order dated 16th February, 2018 is set aside, and the suit is dismissed.
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James Kariko Bacha & 2 others v Land Disputes Tribunal Kiambu West & another [2019] KECA 174 (KLR)
✦ The appeal is dismissed with no order as to costs, as the learned Judge was right in rejecting the application on the grounds of jurisdiction and the material placed before him was not sufficient to persuade him to exercise his discretion.