Kenyan case law
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Simon Ndungu & another v James Ndiga Mwaura & another [2021] KECA 826 (KLR)
✦ The Notice of Motion dated 20th September 2019 is unmerited, and is dismissed.
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Spencon (K) Limited v Hema Investments Ltd & another [2021] KECA 850 (KLR)
✦ We allow the application dated 28th July 2018 and deem the respondent’s notice of appeal dated 25th July 2016 as withdrawn under rule 83 of the Court of Appeal Rules.
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Harun Theuri Ngunyi v Kinangop Division Land Disputes Tribunal [2021] KECA 778 (KLR)
✦ The Court finds merit in the application and allows it with costs to the Applicant.
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Kiru Traders Limited v Jamii Bora Bank Limited & another [2021] KECA 760 (KLR)
✦ The applicant’s motion dated 31 May, 2019 without merits and dismissed with costs to the 1st respondent
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Tabitha Gathoni Gachagwi & another v Alice Njoki Gichuhi [2021] KECA 535 (KLR)
✦ The court grants the applicants 60 days to file and serve their application seeking leave to appeal, and vacates the order if they fail to do so.
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Godfrey Wafula Simiyu v Republic [2021] KECA 439 (KLR)
✦ The appeal is dismissed on both conviction and sentence grounds
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Patrick Tumuti Kimutwe v Stephen Wanjau Mwangi & 2 others ((Administrators of the Estate of Moses Mwangi Wanjau) [2021] KECA 541 (KLR)
✦ The motion is without merit and dismissed with costs.
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SS Sehmi General Building & Civil Contractors Limited v CJ Securities Limited [2021] KECA 754 (KLR)
✦ The Motion fails and is dismissed with costs to the respondent.
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Summit Clove Lines Company Limited v UAP Insurance Company Limited [2021] KECA 470 (KLR)
✦ The application is dismissed with no orders as to costs.
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Winnie Mukolwe (sued as the administrator of the estate of David Nyambu Jonathan Kituri deceased) & 12 others v Lucy Wanjiku Muchai t/a Bellavin Investments [2021] KECA 989 (KLR)
✦ The Notice of Motion dated 28th October, 2020 is certified as urgent to be given a priority hearing date.
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Shami Despal Wadhwa (as Legal Representative of the Estate of Deshpal Omprakash Wadhwa) v Habib Abu Mohamed & 4 others [2021] KECA 860 (KLR)
✦ The application for an order to stay further proceedings is granted.
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Oscar Kipchumba Sudi v Ethics and Anti Corruption Commission & 2 others [2021] KECA 570 (KLR)
✦ The Court finds no merit in the motion to stay the criminal proceedings and dismisses the application with costs.
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Stephen Mwatha Kanja v Peter Kiarie Njuguna & another [2021] KECA 611 (KLR)
✦ The application is incompetent and is struck out with no order as to costs.
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John Omware Ronga v Opeyo Agutu [2021] KECA 566 (KLR)
✦ The application for extension of time is hereby dismissed. The applicant has not discharged his burden to lay a basis to the satisfaction of the Court for extension of time.
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Sea Angel Services Station Limited v Yusuf Abdul [2021] KECA 462 (KLR)
✦ The application is dismissed with no orders as to costs, as the applicant cannot withdraw the earlier notices of appeal and file a fresh notice of appeal due to the subsisting notice of appeal and the court's jurisdiction.
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Francis Muruga Weru v Mwaniki Kibui [2021] KECA 1077 (KLR)
✦ The Court of Appeal granted the application for stay of execution and interlocutory injunction.
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Jescah Gatakaa Amboka & another v Wilfred Keli Ndolo [2021] KECA 955 (KLR)
✦ The application is dismissed with no order as to costs as it was not defended.
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Gichero Kibanya & 2 others v Peter Kibanya Gichero & another [2021] KECA 500 (KLR)
✦ The Court allows the application for leave to file and serve the record of appeal out of time and grants the applicants' day in court.
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Shadrack BungeI (Suing as Administrator of the Estate of Joseph Kipkering- Deceased) v Selina Jerotich (Sued as the administrator of the Estate of Mary Jepkosgei Kiswai- Deceased) [2021] KECA 460 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Mary Sidi Mendza & another v Andrew Kamau Denis Kubai & another [2021] KECA 943 (KLR)
✦ The motion is improperly before the court and is struck out. No orders as to costs are made.
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Sentrim Kenya Limited v CFC Stanbic Bank Limited [2021] KECA 648 (KLR)
✦ The application for extension of time is granted, and the notice of appeal must be filed within 21 days from the date of this ruling.
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Hassan Abdi Aden v Ahmed Abass Edin & another [2021] KECA 769 (KLR)
✦ The application for stay of execution is dismissed.
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Inea Mugwanga v Republic [2021] KECA 877 (KLR)
✦ We allow the appeal and order that it be remitted to the High court sitting in Kakamega for hearing of the appeal de novo by Judges of the Court other than Chitembwe, J.
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Francis James Ndegwa v Elizabeth Njai Wahome & 5 others [2021] KECA 502 (KLR)
✦ The application is dismissed with no order as to costs due to the applicant not having applied for leave to appeal within 14 days from the date of the decision he intended to appeal against.
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Shazeen Chatur v Pramukh Cash and Carry Limited [2021] KECA 973 (KLR)
✦ The application is dismissed with no order as to costs.