Kenyan case law
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Co-operation (Group) Co. Ltd v Mshanga (Civil Application E49 of 2021) [2022] KECA 394 (KLR) (4 March 2022) (Ruling)
✦ The application for stay of execution is allowed to the extent that the judgment of the ELC is stayed pending the hearing and determination of the applicant's intended appeal.
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Chagoche v Kenya National Examination Council (Civil Application E2 of 2021) [2022] KECA 409 (KLR) (4 March 2022) (Ruling)
✦ The application is allowed. The applicant is to serve the Notice of Appeal within the next 7 days and file the Record of Appeal within 30 days.
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Odidio Spark Limited v Kenya Commercial Bank (Civil Appeal (Application) E422 of 2021) [2022] KECA 426 (KLR) (4 March 2022) (Ruling)
✦ The application for stay of proceedings is dismissed with costs to the respondent.
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Yahya v Republic (Criminal Appeal 36 of 2021) [2022] KECA 389 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed, and the matter is remitted to the High Court for re-hearing on sentence only.
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ADK Technologies Ltd in Consortium with Computer Technologies Ltd v Public Procurement Administrative Review Board & 4 others (Civil Appeal E598 of 2021) [2022] KECA 407 (KLR) (4 March 2022) (Judgment)
✦ The Court of Appeal has no jurisdiction to hear the appeal due to the appellant's delay in filing the appeal beyond the prescribed 7-day period.
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Mwangi v Karanja & 2 others (Civil Application 15 of 2019) [2022] KECA 425 (KLR) (4 March 2022) (Ruling)
✦ The application is dismissed with no order as to costs
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Joint Venture of Lex Oilfield Solutions Ltd & CFAO Kenya Ltd v Public Procurement Administrative Review Board & 4 others (Civil Appeal 022 of 2022) [2022] KECA 424 (KLR) (4 March 2022) (Judgment)
✦ The High Court's decision was a nullity as it was rendered outside the time prescribed in section 175 of the Public Procurement and Administrative Review Act.
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Mwangi v Gitau (Civil Application E425 of 2021) [2022] KECA 378 (KLR) (25 February 2022) (Ruling)
✦ The Court grants the applicant's request for an extension of time to file a notice of appeal within 14 days of the ruling and a record of appeal within 30 days thereafter.
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Kimani v Kungu (Application E424 of 2021) [2022] KECA 374 (KLR) (25 February 2022) (Ruling)
✦ The applicant's application for extension of time is granted.
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Wanjohi & another v Barclays Bank of Kenya Limited (Civil Application E431 of 2021) [2022] KECA 376 (KLR) (25 February 2022) (Ruling)
✦ The application has merit and the court allows it, granting leave to file a record of appeal within 30 days of the ruling.
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Cinetine Enterprises Limited v Electrical Marketing (Wholesale) Limited (Civil Application E324 of 2021) [2022] KECA 375 (KLR) (25 February 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Matende & another v Ogendo (Civil Appeal 509 of 2019) [2022] KECA 124 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Equity Bank of Kenya Limited v Commissioner of Domestic Taxes (Civil Application E150 of 2021) [2022] KECA 128 (KLR) (18 February 2022) (Ruling)
✦ The Court denied the application for injunction and stay of execution.
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Constituency Development Board Fund v Githinji & another (Civil Appeal (Application) 18 of 2018) [2022] KECA 153 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed as the applicant has not provided a plausible reason for the delay in making the application.
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Kenya Revenue Authority v Transouth Conveyors Limited (Civil Application E235 of 2021) [2022] KECA 172 (KLR) (18 February 2022) (Ruling)
✦ The Court allows the Motion for stay of execution pending the intended appeal.
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Mwanjahi v Republic (Miscellaneous Criminal Application E072 of 2021) [2022] KECA 167 (KLR) (18 February 2022) (Ruling)
✦ The Court grants the application and extends time to file and lodge a Notice of Appeal and further orders as may be just and fit.
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Tarmohamed v Mariakani Holdings Limited & another (Civil Appeal (Application) 76 of 2019) [2022] KECA 122 (KLR) (18 February 2022) (Ruling)
✦ The application for leave to amend the memorandum of appeal is granted
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P.J. Dave Flowers Limited v Limuru Hills Limited & 2 others (Civil Appeal 123 of 2019) [2022] KECA 129 (KLR) (18 February 2022) (Judgment)
✦ The ELC erred in dismissing P.J. Dave Flowers Limited's application for an injunction and allowing ASL Credit Limited's application.
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Coast Professional Freighters Ltd v Oganda & another (Civil Appeal 18 of 2016) [2022] KECA 144 (KLR) (18 February 2022) (Ruling)
✦ The application is incompetent and dismissed with costs.
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Musanda v Asset Recovery Agency & 3 others (Civil Application E028 of 2021) [2022] KECA 135 (KLR) (18 February 2022) (Ruling)
✦ The application is allowed, and the applicant is granted thirty (30) days from the date of the ruling to file and serve the record of appeal.
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Swafia Abdalla (aka Swaleh Mahdi) & another v Temo & 6 others (Civil Appeal (Application) E004 of 2021) [2022] KECA 136 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed in its entirety with costs to the 1st, 2nd, 6th and 7th Respondents.
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Kiptarus v Lowland Service Organization (Civil Application 16 of 2021) [2022] KECA 132 (KLR) (18 February 2022) (Ruling)
✦ The application for extension of time to file the appeal is granted, and the notice of motion is withdrawn.
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Dande & 4 others v Inspector General, National Police Service & 2 others (Civil Appeal 246 of 2016) [2022] KECA 170 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed with no order as to costs.
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Kibera & another v Wainaina & 2 others; Wainaina & another (Interested Parties) (Civil Appeal (Application) 429 of 2019) [2022] KECA 143 (KLR) (18 February 2022) (Ruling)
✦ The motion is allowed and the orders sought are granted.
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Osimbo v Kenya Post Office Savings Bank & 7 others (Civil Appeal E037 of 2021) [2022] KECA 152 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed as there is no merit in it.