Kenyan case law
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Jim's Fresh Vegetable Growers & Exporters Limited v Locland Limited & another (Civil Application E496 of 2023) [2024] KECA 608 (KLR) (24 May 2024) (Ruling)
✦ The court grants leave to file an appeal out of time
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Githaiga & another v Karanja; Murigi (Interested Party) (Civil Application E074 of 2023) [2024] KECA 605 (KLR) (24 May 2024) (Ruling)
✦ The application must fail as the applicants' claim is based on an oral lease agreement which is not enforceable due to the mandatory provisions of section 3(3) of the Law of Contract Act.
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China Tech International Corp v Sakima Investment Sarl (Civil Application E070 of 2023) [2024] KECA 543 (KLR) (24 May 2024) (Ruling)
✦ The respondent's notice of appeal is struck out with costs to the applicant.
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Kapu (K) Limited & 2 others v Patel & 4 others (Civil Application E160 of 2024) [2024] KECA 618 (KLR) (24 May 2024) (Ruling)
✦ The application is granted, and the Applicants are granted leave to appeal and extension of time to file an appeal out of time.
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UAP Insurance Company Limited v Summit Cove Lines Company Limited (Civil Application E105 of 2023) [2024] KECA 557 (KLR) (24 May 2024) (Ruling)
✦ The court finds and holds that there is no notice of appeal properly on record, and thus has no jurisdiction to determine the applicant's Motion or grant any of the orders sought.
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Hamadi & 149 others v Safaricom Investments Co-operative Society Limited & another (Civil Appeal (Application) E026 of 2023) [2024] KECA 578 (KLR) (24 May 2024) (Ruling)
✦ Stay of execution of the judgment and orders of the Malindi Environment and Land Court delivered on 26th April 2023 is granted pending hearing and determination of the intended appeal.
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Nzioka & 3 others v Nzioka; Kioko (Interested Party) (Civil Application E525 of 2023) [2024] KECA 587 (KLR) (24 May 2024) (Ruling)
✦ The applicants' application is dismissed with costs to the respondent.
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Nabea & 2 others (Civil Appeal 189 of 2019) [2024] KECA 1004 (KLR) (24 May 2024) (Judgment)
✦ The appeal is dismissed with no orders as to costs.
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Sao v Republic (Criminal Appeal E011 of 2023) [2024] KECA 564 (KLR) (24 May 2024) (Judgment)
✦ The appeal is dismissed in its entirety as the sentence was found to be very lenient in the circumstances.
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Warrakah (Suing as the Administrator and Legal Representative of the Estate of Gakweli Mohamed Warrakah - Deceased) v Mwatsami (Civil Appeal E015 of 2020) [2024] KECA 579 (KLR) (24 May 2024) (Judgment)
✦ The appellant's suit for trespass was not time barred, and the respondent's counter-claim was time barred.
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PS Ministry of Defence v Mwaniki & 25 others (Civil Appeal 37 of 2019) [2024] KECA 584 (KLR) (24 May 2024) (Judgment)
✦ The appeal succeeds, the judgment of the Employment and Labour Relations Court is set aside
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Thuo v Safaricom PLC (Civil Application E106 of 2023) [2024] KECA 609 (KLR) (24 May 2024) (Ruling)
✦ The court finds that the respondent was not notified of the readiness of the proceedings until December 6, 2023, and thus the 60-day period for filing the appeal began to run from that date. The application for withdrawal is dismissed.
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National Land Commission v Vekaria & 3 others (Civil Application E058 of 2023) [2024] KECA 598 (KLR) (24 May 2024) (Ruling)
✦ The National Land Commission's motion for extension of time to lodge an appeal is dismissed.
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Kenya Airports Authority v Kahia & another (Civil Application E098 of 2023) [2024] KECA 576 (KLR) (24 May 2024) (Ruling)
✦ The court grants the stay of execution of the judgment pending the hearing and determination of the appeal.
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Bartilol & 3 others v Bartilol & another (Civil Application 001 of 2024) [2024] KECA 607 (KLR) (24 May 2024) (Ruling)
✦ The court granted the extension of time and stayed the execution of the judgment
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Sang & another v Igare Auctioneers Limited & 2 others (Civil Application E115 of 2023) [2024] KECA 623 (KLR) (24 May 2024) (Ruling)
✦ The application for an extension of time to file a Notice of Appeal is dismissed due to the applicants' failure to be duly notified of the date for judgment delivery.
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Mramba (Suing on behalf of the Estate of Kahindi Mramba - Deceased) & 3 others v Cannon Assurance (K) Limited (Civil Application E110 of 2023) [2024] KECA 569 (KLR) (24 May 2024) (Ruling)
✦ The applicants are entitled to an injunction and stay of execution pending an appeal. The costs of the application will be in the appeal.
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Director General, National Intelligence Service & another v Chelimo (Civil Appeal 645 of 2019) [2024] KECA 606 (KLR) (24 May 2024) (Judgment)
✦ The Court found that the respondent was not heard in person and that the process leading to his dismissal was flawed and un-procedural. The Court reinstated the respondent to his employment.
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Singh t/a Trilok Construction v Sucham Investment Limited (Civil Appeal E070 of 2021) [2024] KECA 568 (KLR) (24 May 2024) (Judgment)
✦ The Court of Appeal allows the appeal, sets aside the High Court judgment, and reinstates the earlier judgment of June 2, 2020.
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Hamid v Niedemeier (Civil Application E035 of 2023) [2024] KECA 552 (KLR) (24 May 2024) (Ruling)
✦ The applicant’s Motion for stay of execution and proceedings pending appeal is dismissed with costs.
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Unigroup Transporters Limited v Mwasame (Civil Appeal E088 of 2021) [2024] KECA 567 (KLR) (24 May 2024) (Judgment)
✦ The appeal is dismissed with costs.
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Karia & another v Republic (Criminal Appeal 151 of 2017) [2024] KECA 1064 (KLR) (24 May 2024) (Judgment)
✦ The court finds that malice aforethought was proved beyond reasonable doubt and dismisses the appeal on conviction. The death sentence is set aside and replaced with a sentence of 20 years' imprisonment for each appellant.
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Gichunge & another v Republic (Criminal Appeal 44 of 2018) [2024] KECA 614 (KLR) (24 May 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of the High Court.
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Wanjohi v Maina & 3 others (Civil Appeal (Application) E572 of 2022) [2024] KECA 590 (KLR) (24 May 2024) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Kenya Electricity Transmission Company Limited v Spedag Interfreight Kenya Limited & 4 others (Civil Appeal E028 of 2021) [2024] KECA 542 (KLR) (24 May 2024) (Judgment)
✦ We find no merit in this appeal and hereby dismiss it with costs.