Kenyan case law
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AMOS OTIENO MIRUKA v BOARD OF GOVERNORS, MURANG’A HIGH SCHOOL [2010] KEHC 89 (KLR)
✦ The court grants the applicant extension of 15 days to appeal the judgment of the Murang’a Principal Magistrate’s Court.
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DOMINIC GATHECHA KINYANJUI v CITY COUNCIL OF NAIROBI & Another [2010] KEHC 165 (KLR)
✦ The application is dismissed with an order that each party bears its own costs.
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SAMUEL MBURU NJOROGE v REPUBLIC (Criminal Appeal 484 of 2006) [2010] KEHC 108 (KLR) (18 November 2010) (Judgment)
✦ The conviction is quashed and the sentences set aside. The appellant is ordered for immediate release unless lawfully held.
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LONGONOT HORTICULTURE LTD & Another v JOHN KANYONI [2010] KEHC 506 (KLR)
✦ The appeal is struck out with costs to the respondent due to the appellants' lack of diligence in preparing the record of appeal
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MURIITHI WANAJU t/a WANJAU & WANJO ADVOCATES v DR. SAMUEL MUDATI GATABAKI & Another [2010] KEHC 194 (KLR)
✦ The Court found the agreement to be void for uncertainty and denied the Plaintiff/Applicant's request to strike out the Defendant’s joint defence. The Court also denied the Plaintiff/Applicant's request for summary judgment.
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CO-OPERATIVE BANK OF (K) LIMITED v JOSEPH WACHIRA WAMURU [2010] KEHC 204 (KLR)
✦ The Court dismissed the Plaintiff's claim and struck out the Defendant's Defence.
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SOUTHERN CREDIT CORPORATION LIMITED v KIPKORIR, TITOO & KIARA ADVOCATES [2010] KEHC 390 (KLR)
✦ The application for dismissal of the suit fails, but costs will be in the cause.
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PHAEDRA MARITIME S.A. & Another v THE OWNERS OF THE MOTOR VESSEL “STAR 7” & Another [2010] KEHC 227 (KLR)
✦ The court dismissed the claims against the new owner and discharged the restraining order on the vessel.
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NATION MEDIA GROUP LTD v MOHAMED SURAW [2010] KEHC 322 (KLR)
✦ The court grants the application for transfer of the suit to the Magistrate's Court at Milimani Commercial Courts in Nairobi and a stay of proceedings pending the hearing and determination of the application.
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O.C.A v E. O [2010] KEHC 1057 (KLR)
✦ The court awards custody to the respondent pending the divorce cause, with the petitioner granted access and visitation rights. The petitioner is ordered to pay Kshs.75,000 per month as maintenance and costs of the children's education.
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ANTHONY JOHN WAINAINA v JEDIDAH WANJIRU GICHURI & 3 Others [2010] KEHC 173 (KLR)
✦ The Plaintiff's suit is struck out and dismissed with costs to the 1st and 2nd Defendants. An interest-bearing account will be opened for the Plaintiff, 1st Defendant, and the children of the marriage to hold the surplus proceeds from the sale of the property.
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In Re Estate of BARASA MUKHUMBO – DECEASED [2010] KEHC 666 (KLR)
✦ The citation is struck off as it lacks legal competence and the Citor must regularize his position as a representative of his father's estate before pursuing any claim.
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SAMUEL MBURU NJOROGE v REPUBLIC (Criminal Appeal 484 of 2006) [2010] KEHC 109 (KLR) (18 November 2010) (Judgment)
✦ The appeal is allowed. Conviction quashed and sentences set aside. The appellant is ordered for immediate release unless lawfully held.
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ALEXANDER NJERU NJIRU v REPUBLIC [2010] KEHC 327 (KLR)
✦ The conviction and sentence are upheld
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REPUBLIC v REGISTRAR OF TITLES-NAIROBI REGISTRY, ATTORNEY GENERAL, DIRECTOR OF SURVEYS & CITY COUNCIL OF NAIROBI EX-PARTE: CAROGET INVESTMENT LIMITED (Miscellaneous Civil Application 30 of 2009) [2010] KEHC 86 (KLR) (18 November 2010) (Ruling)
✦ The court granted the orders sought by the applicant.
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NELSON MAINA MWANGI v REPUBLIC [2010] KEHC 330 (KLR)
✦ The conviction on counts 3 and 4 is upheld, and the conviction on count 2 is set aside.
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PATRICK NJOGU NGARI v REPUBLIC [2010] KEHC 331 (KLR)
✦ The conviction for abduction is upheld, but the sentence of 5 years is set aside and replaced with a 2-year sentence
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JOHN MUCHEMI NDUNG’U & 2 Others v KEHARCHAND KENT [2010] KEHC 85 (KLR)
✦ The plaintiffs are entitled to the ownership of the suit property by way of adverse possession and should be registered as proprietors thereof.
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RUTH WINNIE OKOTH v HELLEN ADHIAMBO OLUOCH [2010] KEHC 278 (KLR)
✦ The court granted an injunction restraining the Defendant from removing or transferring partnership resources to a different entity pending the determination of the suit.
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RICCATI BUSINESS COLLEGE OF EAST AFRICA LIMITED v KYANZAVI FARMERS COMPANY LTD [2010] KEHC 411 (KLR)
✦ The court grants an injunction pending appeal to prevent the Plaintiff's appeal from being rendered nugatory.
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MELVIN BARASA WALUTSACHI & another v REPUBLIC [2010] KEHC 326 (KLR)
✦ The conviction is quashed and the appellants are set at liberty
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D. L. E.O v K.A.A [2010] KEHC 1066 (KLR)
✦ The marriage is annulled, and the petitioner is ordered to pay alimony and maintenance.
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AVTAR SINGH BACHU & another v HENRY TAITA TUM [2010] KEHC 446 (KLR)
✦ Application for summary judgment dismissed
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J. N.M v D.C. M & L.G [2010] KEHC 1058 (KLR)
✦ The court dissolves the marriage and grants custody of the children to the petitioner.
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J.K.S v L.T.S [2010] KEHC 1055 (KLR)
✦ The marriage is annulled, and the petitioner is ordered to pay maintenance for the children.