Kenyan case law

Simon Mburu Njabu v Veronica N. Ichungwa & another [2003] KECA 146 (KLR)

✦ The court declines to exercise its discretion and dismisses the applicant's motion with costs.

Wangethi Mwangi & another v J. P. Machira T/A Machira & Co. Advocates [2003] KECA 122 (KLR)

✦ The appeal is struck out with costs to the applicant.

Topen Industries Limited v Afrolite Industries Limited Limited [2003] KECA 101 (KLR)

✦ The application is allowed, and the time within which to file and serve a notice of appeal and record of appeal is extended by 40 days.

TIMOTHY MISSIANI ORWENYO vs TRANSPARES LIMITED [2003] KECA 99 (KLR)

✦ The application is allowed, and the time within which to file a notice of appeal is extended to include the date the notice of appeal was filed and served.

Tawfiq Bus Services v Indigo Development Limited [2003] KECA 142 (KLR)

✦ The application for leave to amend the Notice of appeal is denied

Westmont Power Kenya Ltd v Bosley Frederick & another t/a Continental Traders & Marketing [2003] KECA 169 (KLR)

✦ The application for stay of execution of the decree is allowed, and the decree is stayed pending the hearing and determination of the intended appeal.

Gurcharan Dass Aggarwal v Paresh Mandalia [2003] KECA 96 (KLR)

✦ The application for extension of time to lodge a notice of appeal is allowed. The applicant will lodge his notice of appeal within the next seven days and his record of appeal within 45 days of lodgment of the notice of appeal. The applicant will however pay the respondent's costs of this application which I assess at Shs.12,500/= within the next 30 days failing which execution may issue.

Henry Ogongo Mageto v Nyamiobo Ogongo [2003] KECA 98 (KLR)

✦ The application is allowed and the applicant is now to file the record of appeal within 30 days of this order. The applicant will pay to the respondent Shs.500/- as today’s costs.

Five Continents Ltd v Mpata Investments Ltd [2003] KECA 156 (KLR)

✦ We allow this appeal. The judgment and decree of the superior court is set aside and the defence is restored. The defendant is granted unconditional leave to defend. The plaintiff's motion for summary judgment is hereby dismissed with cost.

George Mukuru Muchai v Standard Limited [2003] KECA 95 (KLR)

✦ The application for extension of time is dismissed with costs.

Simon Maina Wandue v Republic [2003] KECA 185 (KLR)

✦ The court finds no merit in the appeal and dismisses it in its entirety.

Peter Odhiambo Odhiambo v Republic [2003] KECA 88 (KLR)

✦ The application is allowed, and the time for filing an appeal is extended by 30 days.

Jayantkumar Vrajlal Shah & another v Midco Holdings Limited & another [2003] KECA 135 (KLR)

✦ The application fails and is dismissed with costs to the respondents.

Uhuru Highway Development Ltd & others v Central Bank of Kenya Deposit Fund Protection Board & 3 others [2003] KECA 24 (KLR)

✦ The court grants the application for adjournment and stands the appeal over to new dates.

Waweru & another v Kirori [2003] KECA 200 (KLR)

✦ The application for extension of time is dismissed with costs.

Gulthamed Mohamedali Jivanji t/ a Jivanji Agencies v Sanyo Electrical Company Ltd [2003] KECA 196 (KLR)

✦ The court found that the respondent did not make an election in their pleadings and that there was insufficient evidence for an inquiry into damages.

Jackson Mutuku Ndetei v A O Bayusuf & Sons Ltd [2003] KECA 83 (KLR)

Thuita Mwangi v Kenya Airways Ltd [2003] KECA 201 (KLR)

✦ The Court reverses the decision of the single judge and extends the time as sought by the applicant.

United Insurance Co. Ltd v Alfred Moffat O. Michira & another [2003] KECA 109 (KLR)

✦ The application is granted as prayed, and the appeal to be filed within 45 days.

Vimal V. Radia & 3 others v City Finance Bank Limited [2003] KECA 130 (KLR)

✦ The appellants are creditors of the respondent and the Scheme of Arrangement bound them. The appellants' suit was dismissed with costs.

Prime Capital & Credit Ltd v Nationwide Electrical Industries Ltd [2003] KECA 26 (KLR)

✦ Application to strike out notice of appeal fails

Guandai Karugu v Lihasi Bidali [2003] KECA 151 (KLR)

✦ The respondent was in arrears of rent to the tune of K.Shs.143,000/=, and the appellant had succeeded in proving his counterclaim. The sum of K.Shs.300,000/= awarded to the respondent by the superior court must be reduced by K.Shs.143,000/=, and the appellant will be entitled to K.Shs.157,000/=.

Kinuthia v Republic [2003] KECA 37 (KLR)

✦ The court held that the evidence of the mother of the complainant was untrustworthy and unsafe to accept, and therefore the appellant’s conviction was unsafe to allow.

Simon Mbucho wa Kariuki v David Waihumbu [2003] KECA 77 (KLR)

✦ The application for certificate of urgency is dismissed with costs to the respondent.

Husamuddin Gulamhussein Pothiwalla v Kidogo Basi Housing Co-operative Society Ltd & 31 others [2003] KECA 172 (KLR)

✦ The Court allows the application and directs the applicant to file the Notice of Appeal within 7 days and lodge the Record of Appeal within 21 days.