Kenyan case law
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Maasai Mara Wilderness Lodge Limited v Soni (Civil Application E402 of 2023) [2024] KECA 84 (KLR) (9 February 2024) (Ruling)
✦ The court grants a conditional stay, allowing the application and ordering the sum of Kshs.1,000,000 already paid into court to hold as security pending hearing and determination of the appeal.
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TKW v Republic (Criminal Appeal 112 of 2020) [2024] KECA 123 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld
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Governor Balloon Safaris Limited v Skyship Company Limited & another (Civil Appeal 261 of 2014) [2024] KECA 117 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Vaghjiyani Enterprises Ltd v Osundwa & Company Advocate (Civil Application E234 of 2023) [2024] KECA 81 (KLR) (9 February 2024) (Ruling)
✦ The appeal is allowed and the ruling is stayed pending the determination of the appeal.
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Al Zurul Farm & 2 others v Gurto & 8 others (Civil Application E014 of 2023) [2024] KECA 87 (KLR) (9 February 2024) (Ruling)
✦ The Court deems and orders that the Notice of Appeal dated September 26, 2022, has been withdrawn with no orders as to costs.
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First Farm & 4 others v Dulo & 9 others (Civil Application E011 of 2023) [2024] KECA 105 (KLR) (9 February 2024) (Ruling)
✦ The Notice of Appeal dated 26th September, 2022 is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of Appeal.
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Kinyatta & another v Republic (Criminal Appeal 36 & 38 of 2022 (Consolidated)) [2024] KECA 100 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed on conviction but allowed on sentence. The life sentence is set aside and replaced with a Kshs. 20,000,000 fine and 20 years imprisonment in default.
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Trans Nzoia Securities Ltd v Stuadte & another (Civil Application E040 of 2022) [2024] KECA 109 (KLR) (9 February 2024) (Ruling)
✦ The application to strike out the Notice of Appeal and Record of Appeal is granted, and the record of appeal is hereby struck out with costs to the applicant.
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Beltrami v Mtwapa Bay Investments Ltd (Civil Appeal E045 of 2021) [2024] KECA 78 (KLR) (9 February 2024) (Judgment)
✦ The Court held that the tenancy relationship subsisted after the sale agreement collapsed and that the appellant's previous advocates' mistakes do not constitute abuse of court process.
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Apungu v Justinice Limited (Civil Application E218 of 2023) [2024] KECA 99 (KLR) (9 February 2024) (Ruling)
✦ The court grants the stay of execution of the trial court judgment pending hearing and determination of the intended appeal.
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Modern Farm & 2 others v Garacha & 8 others (Civil Application E008 of 2023) [2024] KECA 89 (KLR) (9 February 2024) (Ruling)
✦ The Notice of Appeal dated September 26, 2022 is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal.
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Wambua v Kaunda (Civil Appeal 438 of 2018) [2024] KECA 95 (KLR) (9 February 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal and affirmed the judgment of the Environment and Land Court.
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Ngisa & another practicing as Morara Ngisa & Co Advocates v National Social Security Fund Board of Trustees (Civil Appeal (Application) E245 of 2023) [2024] KECA 73 (KLR) (9 February 2024) (Ruling)
✦ The court granted the application for a stay of execution pending appeal.
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Sangui & 11 others v Kedong Ranch Limited (Suing on their Behalf and on Behalf of the Persons and Families Residing on What is Commonly Known as Kedong Ranch Situated on L.R. No. 8396 (I.R. No. 11977) (Civil Appeal (Application) 226 of 2015) [2024] KECA 91 (KLR) (9 February 2024) (Ruling)
✦ The appeal by the 1st, 2nd, 4th, 8th and 10th appellants is revived and the 1st, 2nd, 4th, 8th and 10th appellants are substituted accordingly.
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National Irrigation Authority (Formerly the National Irrigation Board) v Sogea-Satom S.A.S (Civil Application E933 of 2023) [2024] KECA 97 (KLR) (9 February 2024) (Ruling)
✦ The Court of Appeal allowed the application for stay of execution, pending the appeal.
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Lekakeny v Ketere & another (Civil Appeal (Application) E104 of 2023) [2024] KECA 128 (KLR) (9 February 2024) (Ruling)
✦ The application is dismissed with costs to the 2nd respondent.
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Llyod Masika Limited v Stanbic Bank Limited (Civil Appeal (Application) E200 of 2023) [2024] KECA 72 (KLR) (9 February 2024) (Ruling)
✦ The Court dismissed the applicant's applications for leave to appeal and a stay of execution of the High Court's ruling.
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Njoroge v Maina (Civil Application E491 of 2023) [2024] KECA 121 (KLR) (9 February 2024) (Ruling)
✦ The application for stay of execution is certified as urgent and allocated a priority hearing date.
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Abdi v Abadiba & 9 others (Civil Application E012 of 2023) [2024] KECA 86 (KLR) (9 February 2024) (Ruling)
✦ The Notice of appeal dated 26th September, 2022 is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of appeal.
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Wera v Republic (Criminal Appeal 118 of 2018) [2024] KECA 137 (KLR) (9 February 2024) (Judgment)
✦ The death sentence is set aside, and the appellant is sentenced to 30 years imprisonment.
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Musyoka & another v Republic (Criminal Appeal 35 of 2021) [2024] KECA 102 (KLR) (9 February 2024) (Judgment)
✦ The appeal on conviction has no merit and the death sentence is set aside. The appellant will serve twenty-five (25) years imprisonment.
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National Industrial Credit Bank Ltd v Omokaya (Civil Appeal 19 of 2019) [2024] KECA 126 (KLR) (9 February 2024) (Judgment)
✦ The appellant’s appeal lacks merit and is dismissed with costs to the respondent.
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Mutemi & 2 others v Republic (Criminal Appeal 155 of 2019) [2024] KECA 85 (KLR) (9 February 2024) (Judgment)
✦ We find no merit in the appeal and dismiss it in its entirety.
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Mwangi & another v Hashi Empex Limited (Civil Appeal 131 of 2017) [2024] KECA 92 (KLR) (9 February 2024) (Judgment)
✦ The court held that the claim for defamation was properly before the trial court and that the impugned publication was defamatory.
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Al-Kheirat Farm & 2 others v Wario & 8 others (Civil Application E015 of 2023) [2024] KECA 106 (KLR) (9 February 2024) (Ruling)
✦ The Court deems and orders that the Notice of appeal dated 26th September 2022 has been withdrawn, with no orders as to costs.