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Kenya decisions
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The court dismissed a land ownership suit over Plot B6-306 Kayole, finding the plaintiff failed to prove title, fraud, or unlawful repossession and reallocation.
First appeal in a fatal accident claim. The High Court upheld liability, revised the loss of dependency award, deducted Law Reform Act sums, and increased the total judgment.
The High Court granted leave to appeal out of time and a conditional stay of execution, after finding the delay was explained by CTS scheduling irregularities.
The High Court struck out an appeal and motion for leave to appeal out of time, holding the appeal was filed without prior leave and the court lacked jurisdiction.
The High Court dismissed an application to extend time to appeal from the Small Claims Court, finding the over-one-year delay was not satisfactorily explained.
The Environment and Land Court reinstated a suit dismissed for want of prosecution, but only on condition that the applicant pays costs and fixes the matter for hearing within 15 days.
The High Court allowed the appeal by Car & General, finding the logbook presumption of ownership rebuts by evidence of prior sale and no basis for vicarious liability.
First appeal on quantum from a fatal accident claim. The High Court upheld most damages but revised loss of dependency after finding proof of employment and salary.
The court ordered payment of the outstanding compulsory acquisition balance with interest, but rejected claims for lost income and exemplary damages for lack of proof.
The plaintiff proved the accident, ownership of the matatu, and her injuries, but not negligence by the defendant’s driver. The suit was dismissed with costs.
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