Kenyan case law
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Lipanga & another v Anjila (Civil Appeal 113 of 2018) [2023] KECA 579 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed with costs as the learned judge’s findings are not interfered with.
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Amollo & 6 others v Chege & another (Civil Application E070 of 2023) [2023] KECA 543 (KLR) (12 May 2023) (Ruling)
✦ The Court has no jurisdiction to hear and determine the application due to the applicants' failure to lodge the requisite notice of appeal as mandated by the Court of Appeal Rules.
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Theuri v Kaniaru & another (Civil Appeal 410 of 2017) [2023] KECA 542 (KLR) (12 May 2023) (Judgment)
✦ We hereby dismiss the appeal with costs to the respondents.
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Otundo & 5 others v Creek Development & Development Limited (Civil Application E069 of 2022) [2023] KECA 500 (KLR) (12 May 2023) (Ruling)
✦ The Court found the intended appeal to be arguable and not frivolous, and granted the application for a stay of execution.
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Mulama v Ethics & Anti-Corruption Commission (Civil Application E186 of 2021) [2023] KECA 582 (KLR) (12 May 2023) (Ruling)
✦ The record of appeal is struck out, and the notice of appeal is deemed withdrawn.
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Chege & 3 others v Republic (Criminal Appeal 23, 34 & 35 of 2022 (Consolidated)) [2023] KECA 466 (KLR) (28 April 2023) (Judgment)
✦ The Court of Appeal upheld the conviction and sentence of the appellants for murder.
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Licinus Investment Limited v Dalpiaz (Civil Appeal 40 of 2020) [2023] KECA 465 (KLR) (28 April 2023) (Judgment)
✦ The appeal is dismissed in its entirety with costs to the Respondent.
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PN Mashru Ltd v Ojenge (Civil Appeal 64 of 2020) [2023] KECA 473 (KLR) (28 April 2023) (Judgment)
✦ The Court of Appeal upheld the award of punitive damages, finding that the Appellant used unconventional means to solve an employment dispute and violated the Employment Act and Constitution.
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Transnational Bank Limited v Jackson Ngibuini Gikandi t/a Gikandi & Co Advocates & 10 others; NCBA Bank Limited (Interested Party) (Civil Application E061 of 2022) [2023] KECA 463 (KLR) (28 April 2023) (Ruling)
✦ We find merit in the Notice of Motion and direct NCBA Bank Limited to pay the sum of Kshs 32,000,000 in a joint account with the 1st Respondent to the applicant's Advocate's account.
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JKK v MWK (Civil Appeal E030 of 2020) [2023] KECA 470 (KLR) (28 April 2023) (Judgment)
✦ The application dated December 20, 2018 was not properly dismissed by the High Court and the High Court's ruling on the property ownership was not based on a misapprehension.
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Hussein & another v Kenya Revenue Authority & another (Civil Appeal E024 of 2020) [2023] KECA 468 (KLR) (28 April 2023) (Judgment)
✦ The appeal is allowed, and the High Court's ruling is set aside. The appellants' application dated April 4, 2018 is reinstated for hearing.
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Nasoro & another (Suing on their own behalf and behalf of all the residents of Mpirani Area, Miritini Location Mombasa occupying CR 43800) v Golden Sparrow Trading Limited & another (Civil Appeal 62 of 2020) [2023] KECA 471 (KLR) (28 April 2023) (Judgment)
✦ The appeal is dismissed. The learned judge's decision is upheld as the application was not properly before the court and the issue of the competency of the suit was not addressed.
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Dim Properties Limited v Lamu Breeze Investments Limited & 6 others (Civil Appeal (Application) E013 of 2021) [2023] KECA 469 (KLR) (28 April 2023) (Ruling)
✦ The application is dismissed with costs to the 1st and 2nd respondents
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Attorney General v Musembi & 3 others (Civil Application E063 of 2021) [2023] KECA 467 (KLR) (28 April 2023) (Ruling)
✦ The Notice of Appeal was filed within the prescribed time, and the Record of Appeal cannot be struck out.
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Spire Properties (K) Limited v Gikandi Ngibuini t/a Gikandi & Co Advocates & 12 others (Civil Application E058 of 2022) [2023] KECA 464 (KLR) (28 April 2023) (Ruling)
✦ The application was not incompetent on the score of non-compliance with the Oaths and Statutory Declarations Rules. The defect of failure to join some of the parties was cured. The application was made in the matters in which the order for deposit was made. The procedural misstep of joining the advocates was not a defect.
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Abdulkadir v Ali & 4 others (Civil Application E007 of 2021) [2023] KECA 472 (KLR) (28 April 2023) (Ruling)
✦ The application for stay of execution is allowed on certain terms and conditions.
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Mutua v Kange & 4 others (Civil Appeal (Application) E379 of 2022) [2023] KECA 458 (KLR) (20 April 2023) (Ruling)
✦ The application is dismissed with costs to the 1st and 2nd respondents
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Cabinet Secretary, Ministry of Agriculture, Livestock, Fisheries and Co-operatives v Mehta International Limited & another (Civil Application E414 of 2022) [2023] KECA 462 (KLR) (20 April 2023) (Ruling)
✦ The Court finds that the applicant has no jurisdiction to grant the stay of an order of stay of further proceedings sought to be challenged on appeal.
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MRWN v SJN (Civil Appeal 267 of 2018) [2023] KECA 457 (KLR) (20 April 2023) (Judgment)
✦ The trial court's ruling was unreasoned and insufficient, and thus, the appeal is upheld.
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Ministry of Interior & Co-ordination of National Government & 2 others v Obara & another (Civil Application E378 of 2021) [2023] KECA 455 (KLR) (20 April 2023) (Ruling)
✦ The court allowed the respondents' notice of motion to strike out the applicants' notice of appeal dated August 6, 2020, and deemed it as having been withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022. Consequently, the applicants' notice of motion dated October 17, 2021 is incompetent and is hereby struck out with costs to the respondents.
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JPS (A minor suing through his father and next friend PS) v Aga Khan Health Service Kenya t/a The Aga Khan Hospital & 2 others (Civil Appeal 28 of 2012) [2023] KECA 459 (KLR) (20 April 2023) (Judgment)
✦ The Court of Appeal declined to strike out the appeal due to apparent errors and omissions in the record of appeal, but it would not disturb the award for general damages unless it was so inordinately high or low as to represent an entirely erroneous estimate.
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Obara & another v Ministry of Interior & Co-ordination of National Government & 2 others (Civil Application E353 of 2021) [2023] KECA 461 (KLR) (20 April 2023) (Ruling)
✦ The respondents' notice of appeal is deemed withdrawn.
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Saire & 2 others v Land Adjudication Officer, Transmara West & 15 others (Civil Application E003 of 2022) [2023] KECA 460 (KLR) (20 April 2023) (Ruling)
✦ We are not persuaded that this is an appropriate case in which the Court should issue an order of injunction that would interfere with the process of adjudication, or an order of stay of the judicial review proceedings. Accordingly, we dismiss the applicants’ motion.
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Kenya Revenue Authority v Hemed & another (Civil Appeal (Application) 34 of 2008) [2023] KECA 453 (KLR) (20 April 2023) (Ruling)
✦ The 1st applicant’s Notice of Motion dated 2nd November 2021 is incompetent and is hereby struck out with costs to the 1st respondent.
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Nkirina & another v Nkatha & 3 others (Civil Application E056 & 62 of 2022 (Consolidated)) [2023] KECA 1016 (KLR) (20 April 2023) (Ruling)
✦ The application is dismissed with costs, as the appeal is not arguable and the main suit before the ELC has not been determined.