Kenyan case law
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Ethics and Anti Corruption Commission v Tioko Logorion & 11 others [2021] KECA 1045 (KLR)
✦ The appeal is allowed, and the High Court's ruling is set aside with costs to the appellant.
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Migori County Transport Sacco v Migori County Government & another [2021] KECA 1065 (KLR)
✦ The application has no merit and is dismissed with costs to the respondents.
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Moses Segite v Kenya Flourspar Limited [2021] KECA 1063 (KLR)
✦ The appeal is dismissed with orders that each party bears its own costs.
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Mohamed Faki Khatib Practising as Khatib and Company Advocates v Farid Ahmed Swaleh & another [2021] KECA 1013 (KLR)
✦ The appeal is dismissed with costs.
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Mohamed Bulle v Richard Kipkoech Aiyabei & 7 others [2021] KECA 1039 (KLR)
✦ Interim orders granting stay of execution and proceedings pending appeal
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Maingi Mbinzu And 314 others v County Council Of Kitui & another [2021] KECA 1029 (KLR)
✦ The application does not meet the requisite threshold for the grant of leave or certificate to appeal to the Supreme Court and is accordingly dismissed with costs to the 2nd respondent.
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Eldoret Express Limited v Margaret Kinaro Kimere [2021] KECA 1064 (KLR)
✦ The application for extension of time is dismissed with costs.
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Masinde v Koi & 3 others (Civil Appeal 86 of 2019) [2021] KECA 1025 (KLR) (29 January 2021) (Judgment)
✦ We allow this appeal. We set aside the judgment and decree dated 11th October 2018 and direct that the suit be remitted to the Environment and Land Court at Malindi to be heard and disposed of by a judge of that court other than J.O. Olola, J.
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Paul Korir Sawe & another v Salina C. Sawe [2021] KECA 1056 (KLR)
✦ The appeal is not arguable, and the order is to maintain the current status quo until the appeal is heard and determined.
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PBM Nominees Limited v Penina Kathoni Ntong’ondu & 24 others [2021] KECA 1073 (KLR)
✦ The motion for stay of proceedings and stay of execution of the orders of the High Court is allowed. Proceedings in High Court Constitutional Petition No. E 247 of 2020 and execution of the order of the High Court dated 27th August 2020 in the said petition are hereby stayed until the hearing and determination of the applicant’s intended appeal.
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Peter Reuben Oremo Odanga v Michael C Koriri & another (Suing as a Pastor and Trustee of Deliverance Church Lanet) [2021] KECA 1036 (KLR)
✦ The appeal is allowed, the trial court's ruling is set aside, and the suit is set down for hearing on its merits.
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Onesmus Sintole Saidimu v Sane Ole Saidimu Nkikoora & 5 others [2021] KECA 1079 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and the learned Judge is directed to strike out Kajiado ELC No. 943 of 2019 and to reconsider the consent judgment in Kajiado ELC No. 332 of 2017.
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PN Mashru Limited v Neo Makupa Garage Limited (Civil Application 51 of 2020) [2021] KECA 1030 (KLR) (Civ) (29 January 2021) (Ruling)
✦ The court grants the application and allows the applicant to file the Notice of Appeal within the extended time
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Peter Gichuki Wanjohi v Juliah Mumbi Muturi [2021] KECA 1049 (KLR)
✦ The appeal is allowed, and the trial court’s decision is set aside. The appellant’s claim for adverse possession is allowed as he had been in open, peaceful and uninterrupted possession of the suit land for over 12 years during the lifetime of the respondent’s deceased husband.
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Athman Mbosio Mwakulu & another v National Land Commission & 4 others [2021] KECA 1044 (KLR)
✦ The appeal is dismissed in its entirety, with costs to the 3rd and 4th respondents.
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Ravji Karsan Sanghani v Pamur Investment Limited [2021] KECA 1015 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Samuel Kiti Lewa v Housing Finance Company Of Kenya (Hfck) & 2 others [2021] KECA 1027 (KLR)
✦ The Court of Appeal dismissed the application with costs, finding that the applicant did not invoke Rule 84(1) of the Court of Appeal Rules to strike out the appeal and that the applicant did not take advantage of Rule 92(1) of the Rules to perfect the record of appeal.
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Taveta Teachers Investment Limited (Suing on their own behalf and on behalf of the 430 Squatters/Residents of Junda Kasarani Ndogo Self Help Group Residing upon Property Title No. 771/li/Mn) v Mbaro Johnson & 9 others (Civil Application 68 of 2020) [2021] KECA 1075 (KLR) (29 January 2021) (Ruling)
✦ The application is dismissed with costs, the applicant having failed on the two limbs.
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Edith Kathure Munyua v Moi Teaching & Referral Hospital & 3 others [2021] KECA 1055 (KLR)
✦ The Court of Appeal dismissed the appeal and ordered a stay of execution of the judgment and decree.
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Ogla Jemeli Barng’etuny v Shirji Naran Virji [2021] KECA 1035 (KLR)
✦ The court upheld the judgment of the Environment and Land Court, compelling the appellant to specifically perform obligations under the land sale agreement and transfer the property to the respondent.
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Peter Waweru Githua v Republic [2021] KECA 1083 (KLR)
✦ The appeal has no merit and is dismissed in its entirety
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Nancy Wangari Simba (Substituted) & another v Cyrus Macharia Gitonga & John Maina Gitonga (Suing as the Legal Representatives of the Estate of Francis Gitonga Macharia (Deceased) & 2 others; Simon Mbaria Njeru (Third Party) [2021] KECA 1023 (KLR)
✦ the applicants' motion is dismissed with costs
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Mumilora Limited v Lucy Wambui Yinda [2021] KECA 1070 (KLR)
✦ The application is dismissed as the applicant has failed to satisfy the twin principle of arguability and nugatory aspect.
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In re Estate of Micheal Kinyua Murungu (Deceased) [2021] KECA 1085 (KLR)
✦ The court granted the plaintiff's application for an injunction to stop the defendant from using the Limited Grant ad Colligenda Bona and granted leave to appeal the impugned ruling.
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Bundi Baruthi v County Government of Kiambu (Formerly Municipal Counsil of Thika) & 7 others [2021] KECA 988 (KLR)
✦ The application is dismissed with no orders as to costs.