Kenyan case law
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Hedwig- Hirt Mitterlerlehner Ulrich v Hendrick Spin [2021] KECA 881 (KLR)
✦ The motion is dismissed with costs to the respondent.
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John Mathenge Gaita v Beth Wahito Wambugu [2021] KECA 573 (KLR)
✦ The application lacks merit and is accordingly dismissed with costs.
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Evergreen Marine (Singapore) PTE Limited v Gulf Badar Group (Kenya) Limited & another [2021] KECA 920 (KLR)
✦ The application for stay of proceedings is dismissed with costs to the respondent.
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Swaley Muhaya Lubanga v Republic [2021] KECA 1042 (KLR)
✦ The appeal is allowed against the sentence, and the appellant is sentenced to 20 years' imprisonment on each count of robbery with violence, to run concurrently.
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James Muriithi Ndambiri & another v Efureithi Irima Mugo & 2 others [2021] KECA 812 (KLR)
✦ The application for injunction is dismissed with costs to the 1st respondent.
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Fatuma Adan Dullo & 4 others v Cabinet Secretary Lands & Physical Planning & another [2021] KECA 766 (KLR)
✦ The application for conservatory orders was not brought in good faith and the applicants had deliberately omitted to make the County Government a party to the suit, until the court intervened. The application is hereby dismissed.
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Triclover Industries (K) Limited v Premier Food Industries Limited [2021] KECA 478 (KLR)
✦ The application is dismissed with costs, as the applicant has not demonstrated the arguability and nugatory aspects of the appeal.
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Teachers Service Commission v Hellen Khamali & another [2021] KECA 765 (KLR)
✦ The application for stay of execution is allowed as prayed.
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Timothy Barasa Majengo v Republic [2021] KECA 403 (KLR)
✦ Application for extension of time denied
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Fred Okengo Matiang’i, Cabinet Secretary, Ministry of Interior & Coordination of National Government & 6 others v Miguna Miguna; Kenya National Commission on Human Rights & another (Interested Parties) [2021] KECA 525 (KLR)
✦ The application is dismissed with no order as to costs as the application was not defended.
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Samwel Ndegwa v Miriam Nyambura [2021] KECA 733 (KLR)
✦ The application is dismissed as the appeal is not arguable and the court's decision to dismiss the application was justified.
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SS v Republic [2021] KECA 450 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the conviction and sentence of the trial court.
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Synergy Industrial Credit Limited v Cape Holdings Limited [2021] KECA 1022 (KLR)
✦ The Court found merit in the appeal and awarded the appellant costs. The High Court was not entitled to interfere with the arbitral award.
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Vert Limited v DB Schenker Limited [2021] KECA 522 (KLR)
✦ The BSA was produced in evidence and both parties acknowledged its existence. The learned Judge did not err in finding that there was a BSA between the parties.
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S O Owino & Associates v NIC Bank Ltd & another [2021] KECA 420 (KLR)
✦ The court declines to exercise its discretion to grant the application and dismisses it with costs to the respondents.
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Victory Construction Limited & another v Kirpal Singh & 2 others [2021] KECA 619 (KLR)
✦ The court granted the injunction pending the hearing and determination of the intended appeal.
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JM v Republic [2021] KECA 907 (KLR)
✦ The appeal is dismissed. The charge sheet is found to be defective. The appellant is convicted of incest by male persons contrary to the Sexual Offences Act. The sentence of 20 years imprisonment is upheld.
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Telesource Com Limited v Muchanga Investment Limited & 8 others; Barclays Bank of Kenya (Interested Party) [2021] KECA 597 (KLR)
✦ The application fails and is dismissed with costs to the respondents.
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Unga Group Limited v Jonathan M. Waiganjo [2021] KECA 1054 (KLR)
✦ The Court allows the application and orders that the Notice of Appeal be struck out with costs.
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Kigwor Company Limited v Samedy Trading Company Limited [2021] KECA 810 (KLR)
✦ The learned Judge dismissed the preliminary objection filed by the appellant.
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Tobias Onyango Kichula & another v Samuel Oler Kichula (suing as the administrator of the estate of the late Philemon Kichula Pondo & 5 others [2021] KECA 1003 (KLR)
✦ The court denied the application for stay of execution of the judgment
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Peter Mathenge Gitonga t/a Mathenge Gitonga & Co. Advocates v Njoroge Kibatia & Simon Maina Karuga t/a Kibatia & Company Advocates [2021] KECA 487 (KLR)
✦ The application for striking out the Notice of Appeal is dismissed. The record of appeal must be filed and served within 30 days from the date of this ruling, otherwise the appeal shall stand struck out.
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Taprandich Chumo v James Kiplimo Rotich [2021] KECA 848 (KLR)
✦ We allow the application and deem the respondent's notice of appeal as withdrawn under rule 83 of the Court of Appeal Rules.
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Tina Holdings Limited v Housing Finance Company of Kenya & another [2021] KECA 631 (KLR)
✦ The Motion has no merit and is dismissed with costs to the 2nd respondent
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Wilfred Mwiti v Republic [2021] KECA 1076 (KLR)
✦ The conviction and sentence for murder are quashed, and the appellant is set at liberty.