Kenyan case law
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Kabuthia & 10 others v Karanja (Civil Application E030 of 2021) [2024] KECA 155 (KLR) (23 February 2024) (Ruling)
✦ The motion is dismissed with costs to the respondent as it is devoid of merit
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Mbaru & 12 others v Mombasa County Government & 20 others (Civil Appeal E020 of 2021) [2024] KECA 192 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed. The doctrine of res judicata applies, and the issues are caught up by it. The reliefs sought are still tenable.
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Njoroge v Kandiri & 2 others (Civil Application E058 of 2023) [2024] KECA 199 (KLR) (23 February 2024) (Ruling)
✦ The application for stay of execution of the judgment and temporary injunction is granted.
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Birithia v Owino & another (Civil Appeal (Application) E078 of 2023) [2024] KECA 159 (KLR) (23 February 2024) (Ruling)
✦ The application for stay of execution pending appeal is dismissed.
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Karua v Judicial Service Commission (Miscellaneous Civil Application E412 of 2023) [2024] KECA 156 (KLR) (23 February 2024) (Ruling)
✦ The Court finds that the reasons advanced for the delay in filing the appeal are reasonable and allows the application for extension of time to file the appeal within seven days from the date of this ruling.
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Muhsin v Registrar of Titles & 3 others (Civil Appeal (Application) E108 of 2022) [2024] KECA 177 (KLR) (23 February 2024) (Ruling)
✦ The application for stay of execution is dismissed with no order as to costs.
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Portside Freight Terminals Limited & 2 others v Okoiti & 10 others (Civil Appeal E130 of 2023) [2024] KECA 169 (KLR) (23 February 2024) (Judgment)
✦ The 1st respondent was within his rights to move the High Court since section 174 of the Act provides that the right to request a review under this Part is in addition to any other legal remedy a person may have.
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Ngarachu v Brookside Dairy Limited (Civil Application E056 of 2023) [2024] KECA 162 (KLR) (23 February 2024) (Ruling)
✦ The respondent's notice of appeal is struck out.
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Njuguna v US Jamhuri Commercial Centre Welfare Association & 5 others (Civil Application E268 of 2023) [2024] KECA 166 (KLR) (23 February 2024) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondent.
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Boniface v Iqbal (Sued as the Personal Representative of the Estate of Ghulam Rasool Janmohammed) (Civil Application E007 of 2023) [2024] KECA 185 (KLR) (23 February 2024) (Ruling)
✦ The applicant has raised grounds that are arguable and require to be ventilated on appeal, but the matter has been in the court corridors for more than three decades, and the Court directs it to be given a priority hearing date.
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Abdulahi v National Land Commission & 6 others (Civil Appeal 113 of 2018) [2024] KECA 183 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed. The court is not persuaded that the appeal has merit.
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TMG & another (Minor suing through his mother and next friend TMG) v AP (Civil Application E003 of 2022) [2024] KECA 167 (KLR) (23 February 2024) (Ruling)
✦ The appeal was dismissed as the 1st applicant did not establish her contribution to the suit property and the respondent could not be burdened with parental responsibility over the 2nd applicant.
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Sea Angel Service Station Ltd v Abdul (Civil Application E126 of 2021) [2024] KECA 158 (KLR) (23 February 2024) (Ruling)
✦ Leave is granted to amend the Memorandum of Appeal
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Sasenyi Multipurpose Co-operative Society Ltd v Rukinya Ranching Co Ltd (Civil Appeal (Application) E010 of 2022) [2024] KECA 187 (KLR) (23 February 2024) (Ruling)
✦ The Court of Appeal dismissed the application for stay of execution pending appeal.
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Kenya Planters Co-operative Union Limited v Interchem Co. Limited & 6 others (Civil Appeal 341 of 2018) [2024] KECA 178 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed. The trial judge's ruling on the applicability of section 26 of the Civil Procedure Act is upheld. Section 26(2) of the Civil Procedure Act applies where no other interest is specified, and the court rate shall apply.
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Bruton Gold Trading LLC v Amadi t/a Amadi & Associates & 6 others (Civil Application E422 of 2023) [2024] KECA 195 (KLR) (23 February 2024) (Ruling)
✦ The application is dismissed with costs, with the outcome of the appeal to determine the merits of the intended appeal.
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Telkom Kenya Limited v Ngokonyo & 2 others (Civil Appeal (Application) 394 of 2017) [2024] KECA 164 (KLR) (23 February 2024) (Ruling)
✦ The Notice of Appeal was properly filed and the respondents' motion is dismissed
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Musambayi & others (Sued on his own behalf and on behalf of 41 others) v Katula & another (Suing as the legal representatives of the Estate of Stephen Katula Muyendi) (Civil Appeal (Application) E827 of 2022) [2024] KECA 186 (KLR) (23 February 2024) (Ruling)
✦ The record of appeal is found to be incompetent and is struck out with costs to the applicant
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Kioko v Muoki & another (Civil Appeal 366 of 2018) [2024] KECA 190 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Behalf) & 3 others v Kamutu & 2 others (Civil Application E064 of 2022) [2024] KECA 1050 (KLR) (23 February 2024) (Ruling)
✦ The application fails to meet the required threshold and is hereby dismissed with costs to the respondents.
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Kithinji v Republic (Criminal Appeal 28 of 2018) [2024] KECA 1060 (KLR) (23 February 2024) (Judgment)
✦ We dismiss the appeal in its entirety. The court finds no merit in the appellant's claims and upholds the conviction and sentence.
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Cape Holdings Limited (Under Administration) v Synergy Industrial Credit Limited & 2 others (Civil Appeal (Application) E415 of 2023) [2024] KECA 165 (KLR) (23 February 2024) (Ruling)
✦ The application is dismissed in its entirety with costs to the 1st respondent.
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Kenya Power & Lighting Ltd v Bhogal (Civil Appeal E017 of 2021) [2024] KECA 179 (KLR) (23 February 2024) (Judgment)
✦ We hereby allow this appeal, set aside the judgement of Yano, J. dated 23rd November 2020 in Mombasa ELC Case No 276 of 2006 in its entirety. We hereby substitute therefor an order dismissing the respondent’s suit against the appellant with costs to the appellant.
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Njoroge v Ngugi & 3 others (Civil Application 196 of 2017) [2024] KECA 221 (KLR) (22 February 2024) (Ruling)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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Salim & another v Republic (Criminal Appeal 251 of 2018) [2024] KECA 153 (KLR) (16 February 2024) (Judgment)
✦ The offences of robbery with violence and gang rape were proved, and the identity of the perpetrators was established.