Kenyan case law

ANTONY KYALO MUTUNE vs GATHECA HOLDINGS LIMITED (? 419 of 2002) [2003] KEHC 647 (KLR) (11 July 2003)

✦ No substantial loss is likely to be suffered by the applicant tenant, and the landlord's right to demand rent is not restrained.

JARED OBARA KAUMBA vs REPUBLIC [2003] KEHC 233 (KLR)

✦ The court dismisses the appeal and upholds the conviction and sentence.

LALI SWALEH LALI & 3 OTHERS vs STEPHEN MATHENGE WACHIRA & 12 OTHERS [2003] KEHC 1000 (KLR)

✦ The Court exercises its discretion to set aside the exparte judgement due to an excusable mistake, allowing the 6th Defendant to file a defence within 7 days.

KENINDIA ASSURANCE COMPANY LIMITED vs NJENGA MUCHIRI T/A NJENGA MUCHIRU & COMPANY ADVOCATES (? 302 of 2001) [2003] KEHC 672 (KLR) (11 July 2003)

✦ The Defendant's defence and counterclaim are struck out as they disclose no triable issue and are a sham.

Andrew Mbithin Muiya v Joseph Nyaga & 2 others [2003] KEHC 993 (KLR)

✦ The petition is struck out for lack of service within the prescribed time and manner

DEREK WILLIAM PEMA & ANOTHER vs KIRIGA MWANGI & ANOTHER [2003] KEHC 703 (KLR)

✦ Judgment for the plaintiffs against the defendants jointly and severally, as prayed in the amended plaint at paragraphs a,b,c,d,e and f.

ONESMUS GITHINJI & COMPANY ADVOCATE v SHREYESH DAVE [2003] KEHC 35 (KLR)

✦ The court denies the application for a stay of proceedings, finding that the appeal is not arguable and that the taxation of the bill of costs is not necessary.

Govindji & another v Sifa Insurance Company Ltd [2003] KEHC 947 (KLR)

✦ The court found that the defendant's claim of an equitable easement was not valid and that the plaintiffs' application to strike out the defendant's defence should not have been granted. The court granted the plaintiffs' application for an injunction.

TRADE INSURANCE BROKERS LTD. vs BEN NJAU KAYAI T/A NJAU KAYAI & CO. ADV [2003] KEHC 664 (KLR)

JOHN MUTHEE NGUNJIRI T/A TANGO AUCTIONEERS & GENERAL MERCHANTS & ANOTHER V JULIUS CHESARO & ANOTHER [2003] KEHC 745 (KLR)

✦ The Appellants' application is dismissed with costs to the Respondents

MARY CHELANGAT vs REPUBLIC [2003] KEHC 808 (KLR)

✦ The Appellant is found guilty of forcible detainer.

REPUBLIC vs SAMUEL MUIRURI MWANGI,ROBERT HUNJA NJAMBA [2003] KEHC 269 (KLR)

✦ The court finds that the prosecution has failed to establish a prima facie case against the 2nd accused and acquits him of the charge of murder.

PETER KIUME KAIRU vs REPUBLIC [2003] KEHC 288 (KLR)

✦ The application is refused as the applicant has not provided any evidence of his condition or the severity of it.

RAMESH THAKKAR vs R. S. SHAH [2003] KEHC 606 (KLR)

✦ Summary Judgment was entered against the Defendants

Republic vs THE COMMISSIONER OF POLICE Ex Parte SALMIN MOHAMED HAMISI [2003] KEHC 283 (KLR)

✦ The applicant is being held unlawfully and unconstitutionally. The Commissioner of Police or his agents and or his representatives within whose jurisdiction the applicant is being held is or are directed to release the applicant unconditionally without further delay unless lawfully held.

EDWARD NJOROGE MAINA vs JOHN KOIMA [2003] KEHC 548 (KLR)

JOSEPH IBRAHIM ALASAU vs 1. STEERING SHIP CONTRACTORS & ANOTHER [2003] KEHC 488 (KLR)

✦ The plaintiff's claim is dismissed with costs, and the defendant is held 100% responsible for the plaintiff's injuries.

CHRISTOPHER NDERI GATHAMBO & SAMUEL MUTHUI MUNENE.. vs SAMUEL MUTHUI MUNENE [2003] KEHC 82 (KLR)

✦ The court finds that there was no marriage between the deceased and the plaintiff, but the deceased and the plaintiff lived together as husband and wife for 17 years and had a child.

SAID SALIM MOHAMED MOHAMED SALIM MOHAMED ABDALLA SALIM MOHAMED vs SHABBIR MOTOR SPARES LTD. [2003] KEHC 577 (KLR)

✦ The suit is hereby dismissed with costs to the defendant.

GRACE WANJIKU vs KULSUMBHAI M. HUSEIN & OTHERS [2003] KEHC 860 (KLR)

✦ The application for consolidation of the two appeals is dismissed

REPUBLIC vs MUNICIPAL COUNCIL OF MOMBASA) LAND REGISTGRAR) RAMADHA MOHAMED MWAMGUNO) Ex Parte AGNES WAIRIMU WAWERU [2003] KEHC 201 (KLR)

✦ The court grants leave to apply for orders of Committal to prison for contempt of court against the clerk to the Municipal Council of Mombasa.

DIAMOND TRUST BANK KENYA LTD. vs SAMEH TEXTILE INDUSTRIES LIMITED,JITU CHUNILAL JAVANI,RAJEN CHUNILAL SAVANI SAMJI KALA & CO. LTD [2003] KEHC 490 (KLR)

✦ Defendants' defense is struck out, and judgment is entered for the plaintiff in the sum of Kshs. 4,946,896.20 plus costs and interest as prayed in the plaint.

AZAD GULAMHUSSEIN ESMAIL vs SPICERS (EASTERN AFRICA) LIMITED [2003] KEHC 519 (KLR)

✦ The Plaintiff is entitled to Kshs. 2,300,000/= as severance pay and the claim for remuneration for work done to the Defendant's sister companies is dismissed.

JUDITH WANJIRU KARONGO vs TOWN CLERK KARURI URBAN COUNCIL & 3 OTHERS (Civil Suit 652 of 2002) [2003] KEHC 489 (KLR) (Civ) (3 July 2003)

✦ Judgment for the plaintiff against the defendants jointly and severally in respect of prayers 12 (a), (b), (c) and (d) in the plaint dated 16th April, 2002.

ALI LALI KHALIFA and 8 Others vs POLLMAN’S TOURS AND SAFARIS LTD,DIAMOND TRUST BANK (K) LTD,SALIM KHALID SAID [2003] KEHC 893 (KLR)

✦ The 2nd Defendant is not a necessary party for these proceedings and is hereby struck out of the suit.