Kenyan case law
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Timsales Ltd v Up & Down Saw Mills (Kenya) Ltd [1985] KECA 46 (KLR)
✦ The defendant breached the contract by failing to return the saw in good condition. The reasonable period for return was three months, and the plaintiff was entitled to damages for breach of contract and detinue.
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Wanguhu v Kania [1985] KECA 64 (KLR)
✦ The appeal is dismissed with costs.
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WJ Blakeman Ltd v Associated Hotel Management Services Ltd [1985] KECA 9 (KLR)
✦ The appeal is dismissed with costs
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Samuel Awiti Karani v Republic [1985] KECA 44 (KLR)
✦ The appeal is dismissed, and the concurrent finding of the trial court that the appellant was sufficiently identified is upheld.
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Ngugi v Republic [1985] KECA 15 (KLR)
✦ The appellant cannot be a child or described as a young person under the Age of Majority Act and the Children and Young Persons Act. The appeal is dismissed.
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Sheikh v Sheikh & another [1985] KECA 150 (KLR)
✦ The learned judge refused to stay the action, giving leave to appeal to Waheed and Hameed, and refusing it for City Development and Pickwell.
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Wangechi Kimita v Wakibiru Mutahi [1985] KECA 73 (KLR)
✦ The consent order should be set aside and the land should be shared equally between the respondent and the appellants.
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Soi v Republic [1985] KECA 20 (KLR)
✦ The appeal is dismissed. The concurrent finding by the two courts that the appellant had stolen the bulls is clearly correct.
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Joseph Kariuki v Republic [1985] KECA 53 (KLR)
✦ Conviction on counts 1 and 3 are dismissed. Conviction on count 2 is quashed and sentences set aside. Conviction on count 4 is reduced to attempted robbery contrary to section 297 of the Penal Code, with imprisonment reduced to seven years and corporal punishment standing.
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Muyale v Mulefu [1985] KECA 115 (KLR)
✦ The court allows the application with costs and sets aside the eviction order, as the error in the description of the title is fundamental and the court has inherent jurisdiction to correct it.
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John Fanuel Awiti Ogol v Murithi [1985] KECA 75 (KLR)
✦ The respondent was found to be negligent and ordered to pay 100% liability for the accident.
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Standard Bank Ltd v D L Patel Press (Kenya) Ltd [1985] KECA 65 (KLR)
✦ The Court found that Raoof did not assign the debt to the Bank in his letter of April 7, 1978, and the Press had no notice of it.
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WASIKE V SWALA [1985] KECA 126 (KLR)
✦ The appeal is dismissed with costs. There was no valid reference to arbitration, and the resident magistrate did not have jurisdiction to hear the case.
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WJ BLAKEMAN LTD vs ASSOCIATED HOTEL MANAGEMENT SERVICES LTD [1985] KECA 128 (KLR)
✦ The court held that the appellant's possession of the flats constituted a valid lease under the Transfer of Property Act, and the appellant was liable to pay rent to the plaintiff.
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GURBAKSH SINGH & SONS LIMITED V NJIRI EMPORIUM LTD [1985] KECA 133 (KLR)
✦ The claim is a liquidated demand and the landlord is entitled to judgment for the damages claimed.
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Karanja v Republic [1985] KECA 29 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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HAHN V SINGH [1985] KECA 129 (KLR)
✦ The sole cause of the collision was Pinto’s negligent driving, and the respondent and Pinto were jointly and severally liable for Kshs 1,120 in damages.
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G M M vs A M M ………. [1985] KECA 117 (KLR)
✦ The application is granted, and Mr M is ordered to lodge his notice of appeal within 7 days of the judgment.
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Gurbaksh Singh & Sons Ltd v Njiri Emporium Ltd [1985] KECA 81 (KLR)
✦ The court held that the tenant breached the lease agreement and implied covenants, and ordered the tenant to pay the quantified damages and costs incurred by the landlord.
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Ngare v Republic [1985] KECA 21 (KLR)
✦ The appellant is convicted of indecent assault contrary to section 144 (1) of the Penal Code. The appellant is sentenced to 5 years' imprisonment with hard labour plus 12 strokes corporal punishment.