Kenyan case law
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Kim Jong Kyu v Housing Finance Company Ltd & 2 others [2015] KECA 274 (KLR)
✦ The appeal lacks merit and is dismissed with costs to the respondents.
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Jihan Freighters Limited v Hardware & General Stores Limited [2015] KECA 285 (KLR)
✦ The appeal is dismissed. The High Court's order to arrest the appellant's director and the order for the appellant to show cause why its property should not be attached or why it should not be committed to jail were upheld.
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Safari Kombe v Republic [2015] KECA 281 (KLR)
✦ The court finds no merit in the appeal and dismisses it.
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Said Sweilem Gheithan Saanum v Commissioner Of Lands (being sued through Attorney General) & 5 others [2015] KECA 284 (KLR)
✦ The appeal is dismissed. The court finds that the suit was not properly handled by the appellant's advocate and that there was inordinate delay.
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Coastal Bottlers Limited v George Karanja [2015] KECA 287 (KLR)
✦ The appeal lacks merit and is dismissed.
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Maasai Mara University v Daniel K. Cheboi & 3 others [2015] KECA 271 (KLR)
✦ The Court grants a stay of execution of the judgment of the trial court pending hearing and final determination of the intended appeal.
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Patrick Githinji Mwangi v Abdirahman S. Mohamed t/a Towhid Shopping Complex [2015] KECA 268 (KLR)
✦ The application is allowed, and the ruling and order of the High Court is stayed.
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Kiama Wangai v Egerton University [2015] KECA 265 (KLR)
✦ The motion is dismissed with costs to the respondent.
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Edwin G. K. Thiongo & another v Gichuru Kinuthia & 2 others [2015] KECA 260 (KLR)
✦ The respondents' claim of adverse possession is dismissed as their occupation was not adverse and the suit was filed within the limitation period.
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Morris Ngundo v Lucy Joan Nyaki & Tua Benyambo Nyaki (Suing in their Capacity as Adminstatrix and Administrator of the Estate of Gilbert Mboni Nyaki (Deceased) (Civil Application 39 of 2015) [2015] KECA 282 (KLR) (30 October 2015) (Ruling)
✦ The Court of Appeal lacks jurisdiction to entertain the application because there is no evidence that a Notice of Appeal was filed in the matter to clothe it with jurisdiction to determine the application.
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Charles Anunda Inzofu v Republic [2015] KECA 233 (KLR)
✦ The trial was annullity, and the conviction for murder is quashed. The appellant is directed to be retried for the same offence without assessors.
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Livingstone Musambi Okumu v Republic [2015] KECA 293 (KLR)
✦ The appeal is dismissed as there is no merit in it
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Ramadhani Musumba Chemieti v Jamin Wasike Chemieti [2015] KECA 237 (KLR)
✦ The appeal is allowed, and the judgment and decree of the High Court are set aside. The originating summons is dismissed, and the application for confirmation of grant is fixed for hearing.
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Joseph Chepkoech Chemor v Kimaiyo Chemor & another [2015] KECA 279 (KLR)
✦ The applicant had filed and served the Notice of Appeal within the stipulated period. The record of appeal should be filed within the next 30 days from the date of the judgment.
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Charles Rono Tomno t/a Mutei Wholesalers v Rift Valley Bottlers Ltd [2015] KECA 292 (KLR)
✦ The High Court did not find a breach of contract by the respondent's impounding of the appellant's motor vehicles. The respondent's impounding was not unlawful trespass. The contract had expired and was not renewed, making it impossible for a breach to occur.
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Augustine M Siwa v Kerio Valley Development Authority [2015] KECA 288 (KLR)
✦ The court finds no basis to interfere with the High Court judgment and dismisses the appeal with costs to the respondent
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Patrick Kamau Mwangi v Republic [2015] KECA 291 (KLR)
✦ The court found that the appellant's possession of stolen items was recent enough to be admissible as evidence and that the trial court correctly applied the principles of recent possession.
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Samuel Kiptui Ngeywa v Patrick Kwalia Moikut & 2 others [2015] KECA 295 (KLR)
✦ The Court allows prayer 3 of the applicant's motion dated 26th September 2015, directing that Civil Appeal No. 33 of 2015 be fixed for hearing on a priority basis.
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Nahashon Muriithi Jeremiah v Nelson Mwangi Kinguru [2015] KECA 303 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Margaret Waithera Maina v Michael K. Kimaru [2015] KECA 5 (KLR)
✦ The court did not explicitly state a holding but addressed the issues raised.
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Billey Oluoch Okun Orinda v Ayub Muthee M'igweta & 2 others [2015] KECA 6 (KLR)
✦ Specific performance is granted to the appellant, and the respondents are ordered to pay the full purchase price and interest.
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Iyego Farmers Co-operative Sacco v Kenya Union of Commercial Food and Allied Workers [2015] KECA 302 (KLR)
✦ The dismissal was not wrongful and the trial court did not err in awarding terminal dues and damages.
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Tunoi & another v Judicial Service Commission & 3 others (Civil Appeal 163 of 2015) [2015] KECA 311 (KLR) (26 October 2015) (Judgment)
✦ The appeal is dismissed, and the petitions in the High Court are ordered to be heard expeditiously.
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Nelson Pesa v Republic [2015] KECA 256 (KLR)
✦ The appeal is dismissed in its entirety.
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J A O & another v Republic [2015] KECA 231 (KLR)
✦ The findings regarding identification were well founded, and the learned trial court did not misdirect itself in imposing an illegal sentence.