Kenyan case law

JOSEPH KAARA HENRY MWETHAGA vs CHRIS M. GATURU T/A CRIMA ENTERPRISES & THREE OTHERS [2000] KEHC 498 (KLR)

✦ The court allows the application and grants an injunction restraining defendants from transferring or dealing with the land until the determination of the suit.

RAHAB WAMBUI MUNGAI vs P.P. SHAH [2000] KEHC 504 (KLR)

✦ The plaintiff has capacity to bring the suit despite irregularities. The deceased was a passenger in the Volvo vehicle. The defendant is the registered owner of the canter lorry. There was an accident involving the vehicles on 13th November, 1993.

Mwalili v Edward & another [2000] KEHC 522 (KLR)

✦ The court found that the accident was caused by the negligence of the first defendant and awarded general damages of Shs 343,200.

Mbuthia v Kamuri [2000] KEHC 252 (KLR)

✦ The court declares that the defendant holds one-third of the 5.7 acres of land in trust for the two other sons of the plaintiff, namely, Mwai Kamuri and Ben Kamuri.

CHARLES ORODI vs GIDEON S. MANGU [2000] KEHC 380 (KLR)

✦ The court held that the plaintiff suffered soft tissue injuries and abrasions, and awarded Ksh.243,000 in total damages, including Ksh.80,000 in general damages and Ksh.205,758 in special damages.

Spa v Jamale & another [2000] KEHC 551 (KLR)

✦ The defendants are restrained from making, selling, offering for sale, exporting, smuggling, removing from jurisdiction, distributing or otherwise dealing with the infringing goods pending the hearing and determination of the suit.

MBARI NGANGA VERONICA v STANLEY WAMBUGU MACHARIA & ANOTHER [2000] KEHC 350 (KLR)

✦ Verdict on liability: 100% against the defendant

REPUBLIC vs ABEL MATUNDA OMARIBA [2000] KEHC 449 (KLR)

✦ The court finds no prima facie evidence to warrant the accused to offer a defence and acquits him of the charge of murder.

JAYNE BETTY WANGECHI MUTONGA v MARGARET MUIGAI [2000] KEHC 565 (KLR)

Republic v Zacchaeus Chesoni EX-Parte Law Society of Kenya [2000] KEHC 527 (KLR)

✦ The application is incompetent in law and dismissed with costs

BENSON OSUMO OGECHI v KERUBO AMIMA [2000] KEHC 292 (KLR)

✦ Judgment entered in terms of the arbitration award filed in court on November 20, 1998, and read to the parties on June 28, 1999.

ANTHONY TILLARD COOKE & ANOTHER v DAVID LINCOLN T/A LIMURU INTERNATIONAL SCHOOL [2000] KEHC 140 (KLR)

✦ The defendant breached the contract of employment and the defendant's counterclaim is dismissed with costs.

MARY MUTHONI GACHAU vs THE ATTORNEY GENERAL & 2 OTHERS [2000] KEHC 349 (KLR)

✦ The plaintiff is awarded Ksh.376,000 in damages, apportioned among the dependants, with special damages dismissed as not proved.

JOHN PETER MWANGI KAGIRA vs MARTHA WANJIRU MWANGI [2000] KEHC 216 (KLR)

✦ The court dissolves the marriage on the ground of desertion and grants custody of the youngest child to the petitioner with reasonable access for the respondent.

JOSEPH MASO KILLU v KINGSWAY TYRES & AUTO MART LTD [2000] KEHC 394 (KLR)

✦ The court awarded Ksh.175,000 in damages for pain suffering and loss of amenities, and dismissed claims for loss of earnings.

JEREMIAH NGUGI GAKUNJU & 4 OTHERS v CONSOLIDATED BANK FINANCE LIMITED [2000] KEHC 431 (KLR)

✦ The sale of the property should be stopped until the determination of the suit

MUNGAI MBUGUA v DAVID MBUGUA KARIUKI & CONCORD CONTAINER SERVICES LTD [2000] KEHC 363 (KLR)

✦ The application for review is dismissed as the plaintiff did not prove special damages and the claim was not properly assessed.

KANGUTUU MBITHII v HENKEL KENYA LIMITED & ANOTHER [2000] KEHC 355 (KLR)

✦ The plaintiff failed to prove negligence on the part of the defendants and the case is dismissed.

BENJAMIN KIPTOO v STALLON INSURANCE CO LTD [2000] KEHC 384 (KLR)

✦ The application is allowed, the defence is struck out, and judgment is entered in favor of the plaintiff as prayed for in the plaint.

REPUBLIC vs JOEL CHERUIYOT MITEI [2000] KEHC 239 (KLR)

✦ The appeal is struck out as it was filed out of time and without the leave of the court.

CURTIS NJAMA vs HANNA NYAMBURA MURITHI [2000] KEHC 395 (KLR)

✦ The application is dismissed with costs to the landlord

MURUGAMI GICHEMBE vs GUNDA GICHEMBE [2000] KEHC 377 (KLR)

✦ The Plaintiff's claim for adverse possession fails and the suit is dismissed with costs.

NJEKA OCHUNYI vs MOHAWLAL GIRDHA SHAH [2000] KEHC 120 (KLR)

✦ The court held that the plaintiff did not have a valid claim to the land and dismissed the application.

IQBAL SINGH GHALE & 4 OTHERS v SANDWORTH PRINTING AND PACKAGING LTD [2000] KEHC 501 (KLR)

✦ The court dismisses the defendant's application and maintains the status quo.

MORRIS NYAMASYO MASILA vs NATIONA MEDIA GROUP LTD. & ANOTHER [2000] KEHC 343 (KLR)

✦ The court finds that the Plaintiff's prosecution was malicious and without reasonable and probable cause, and awards him Shs.798,550/= in damages.