Kenyan case law

NICHOLAS MAHIHU MURIITHI v NDIMA TEA FACTORY LIMITED & another [2009] KECA 202 (KLR)

✦ The court grants the application to extend the time to serve the notice of appeal by one day, and deems it served on 15th April 2009.

Okebe & 9 others v South Nyanza Sugar Company Limited & 2 others (Civil Appeal (Application) 139 of 2008) [2009] KECA 441 (KLR) (17 July 2009) (Ruling)

✦ The application is incompetent and dismissed with costs.

NATIONAL BANK OF KENYA LTD v KATANGI DEVELOPERS LTD & another [2009] KECA 225 (KLR)

✦ The court refuses to exercise its discretion in favor of the applicant and dismisses the application with costs.

RODGERS ABISAI T/A ABISAI & COMPANY ADVOCATES v WACHIRA WARURU & another [2009] KECA 199 (KLR)

✦ The application to deem the notice of appeal withdrawn is dismissed with costs.

MARK KHAN TRANSPORTERS LTD v PETER MBUGUA [2009] KECA 212 (KLR)

✦ The appeal is dismissed with costs to the respondent.

RICHARD KAMAU KINUTHIA & another v REPUBLIC [2009] KECA 230 (KLR)

✦ Allow the appellants' respective appeals, quash their respective convictions and set aside the sentence imposed.

CHEVRON KENYA LIMITED (CALTEX) v KANYOTTA HOLDINGS LIMITED [2009] KECA 282 (KLR)

✦ A conditional stay of execution is granted, with the applicants providing a bank guarantee or insurance bond in the sum of Kshs.25 million within 21 days of the order.

CLIFF ONGERI V& another v JOSEPH MUTUA KYENZE [2009] KECA 298 (KLR)

✦ The application for leave to file a notice of appeal out of time is dismissed with costs.

NISHITH YOGENDRA PATEL v PASCALE MIREILLE BAKSH & another [2009] KECA 241 (KLR)

✦ The application for stay of execution of the decree/judgment is an abuse of the court process and is struck out.

ELIJAH KIPNGENO ARAP BII v SAMWEL MWEHIA GITAU & another [2009] KECA 242 (KLR)

✦ The appeal is allowed, the ruling and order of the superior court are set aside, and an order dismissing the notice of motion for summary judgment is substituted with costs to the appellant. The suit is ordered to be tried on priority basis by another Judge.

ATTORNEY GENERAL V LAW SOCIETY OF KENYA & ANOTHER [2009] KECA 454 (KLR)

✦ The Court dismissed the motion for stay of execution and ordered that the notice of motion be and is hereby dismissed.

DAMIANO MIGWI v TIMOTHY MAINA WAITUGI [2009] KECA 219 (KLR)

✦ We allow the appeal and set aside the judgment of the superior court dated 23rd October, 2003 and all consequential orders. We substitute therefor an order allowing the appellant's appeal from the judgment of the Nyeri Resident Magistrate delivered on 26th August, 2002, with the result that the respondent's suit before that court stands dismissed with costs to the appellant here. The appellant shall also have costs of this appeal and of the appeal before the superior court.

LOUIS ROGER OUANDJI V BANK OF INDIA & ANOTHER [2009] KECA 240 (KLR)

✦ The court granted the injunction restraining the Bank of India and its officers or agents from transferring or disposing of the mortgaged property pending the hearing and determination of the intended appeal.

Elijah Kipngeno Arap Bii v Samwel Mwehia Gitau & another [2009] KECA 1 (KLR)

Beatrice Wairimu Wandurua v C. Dorman Limited [2009] KECA 218 (KLR)

✦ We set aside the learned Judge's finding on liability and substitute therefor a finding that the respondent was 50% liable for the accident. We allow the appeal and set aside the awards made by the superior court, substituting a total of Shs. 1,485,165.00 for the appellant.

Catherine Nyaguthii Mbauni v Gregory Maina Mbauni [2009] KECA 214 (KLR)

✦ The net intestate estate of the deceased should be shared out at the ratio 3:5.

NJAU NYANJUI THITU & another v LAWRENCE KIMANI NYANJUI & 7 others [2009] KECA 234 (KLR)

✦ The court dismissed the reference, ordering it to be dismissed with costs to the respondents, as the applicants were grossly careless and lacked seriousness in their pursuit of the intended appeal.

Sammy Ngawasa Longori v Republic [2009] KECA 247 (KLR)

✦ The court upholds the convictions and sentences, finding that the identification of the appellant was proper and the identification parade was conducted in accordance with the law.

BALOZI HOUSING CO-OPERATIVE SOCIETY LIMITED v SAMUEL WAIGANJO THUO T/A WAIGANJO & ASSOCIATES [2009] KECA 266 (KLR)

✦ The appeal is upheld, and the summary judgment is set aside.

LEGUS LEYAMO SAKWA v REPUBLIC [2009] KECA 264 (KLR)

✦ The identification of the appellant was watertight, and the appeal is dismissed.

PATRICK WAMULA t/a PATROS AGENCIES LTD & another v ESTHER WAMBUI KIBE [2009] KECA 267 (KLR)

✦ The application is dismissed and the matter is mentioned before the superior court or any other judge in the same division for the appellant to purge his contempt or seek other orders from the superior court.

RAFIKI ENTERPRISES LIMITED v AFRISON EXPORT IMPORT LIMITED & another [2009] KECA 263 (KLR)

✦ The Court allowed the application to extend the time for service of the Notice of Appeal and deemed the record of appeal properly filed.

PATRICK WAMULA t/a PATROS AGENCIES LTD & another v ESTHER WAMBUI KIBE [2009] KECA 5 (KLR)

✦ The application is dismissed and the matter is mentioned before the superior court or another judge in the same division for the appellant to purge his contempt or seek other orders from the superior court.

AKAMBA PUBLIC ROAD SERVICES LIMITED v BERNARD GITHATU KAMAU & another [2009] KECA 262 (KLR)

✦ The notice of appeal is struck out with costs to the applicant only

KENYA REVENUE AUTHORITY v DE LA RUE CURRENCY AND SECURITY PRINT LTD & 2 others [2009] KECA 252 (KLR)

✦ The appeal is arguable and the orders sought are not rendered nugatory if granted.