High Court of Kenya judgments

MAKSAM PIONEER SERVICES LIMITED v NAIROBI CITY COUNCIL [2000] KEHC 332 (KLR)

✦ The court declines to strike out the Defendant's defence and counter-claim and dismisses the Plaintiffs application but orders that costs of the application shall abide by the final result of this suit.

[2000] KEHC 332 (KLR) High Court of Kenya 22 March 2000

MOHAMED ABU ALI vs KENYA POWER & LIGHTING CO. LTD [2000] KEHC 98 (KLR)

✦ The Nairobi Milimani Resident Magistrate’s Court Civil Case No.EJ 780 of 2000 is hereby transferred to Chief Magistrate’s Court Mombasa for trial and disposal.

[2000] KEHC 98 (KLR) High Court of Kenya 21 March 2000

NATIONWIDE FINANCE COMPANY LIMITED v EUGENIA WANJIJU WARIITHI [2000] KEHC 135 (KLR)

✦ The court finds the defendant truly and justly indebted to the plaintiff in the sum claimed and her defense is a sham.

[2000] KEHC 135 (KLR) High Court of Kenya 21 March 2000

RAYMOND KIPKEMEI ROTICH & JAMES KASMIR vs REPUBLIC [2000] KEHC 230 (KLR)

✦ The appeals of the two appellants are allowed. Their convictions are quashed and sentences set aside. The conviction of the 4th accused is also quashed.

[2000] KEHC 230 (KLR) High Court of Kenya 20 March 2000

RAYMOND KIPKEMEI ROTICH & another v REPUBLIC [2000] KEHC 75 (KLR)

✦ The appeals of the two appellants are allowed. Their convictions are quashed and sentences set aside. The conviction of the 4th accused is also quashed and his sentence set aside.

[2000] KEHC 75 (KLR) High Court of Kenya 20 March 2000

DANIEL GATHAIYA NJAGI & ANOTHER V K P & T C [2000] KEHC 81 (KLR)

✦ Leave to appeal is granted

[2000] KEHC 81 (KLR) High Court of Kenya 16 March 2000

Mathew Peevers v Leo Slingerland & Another [2000] KEHC 337 (KLR)

✦ The defendants are liable to the plaintiff for the infringement of his copyright in the music 'For Crying Out Loud'. The plaintiff is entitled to damages for the infringement of his copyright.

[2000] KEHC 337 (KLR) High Court of Kenya 16 March 2000

REGINA MININI MUSYOKA v PAUL KARENJU WAMBUGU [2000] KEHC 48 (KLR)

✦ The court declared the purported sale of the suit property to the defendant null and void and ordered an injunction to restrain the defendant from evicting the plaintiff and her family from the suit property.

[2000] KEHC 48 (KLR) High Court of Kenya 16 March 2000

REGINA MININI MUSYOKA v PAUL KARENJU WAMBUGU [2000] KEHC 62 (KLR)

✦ The court declared the purported sale of the suit property to the defendant null and void and granted an injunction to prevent the defendant from evicting the plaintiff and her family from the property and demolishing the structures.

[2000] KEHC 62 (KLR) High Court of Kenya 16 March 2000

RICHARD OLWANDA OTOLO v FRANCIS K. KAMAU [2000] KEHC 317 (KLR)

✦ The court found that the defendant was not negligent in causing the plaintiff's injuries and that he was not required to report the hit-and-run accident to the police.

[2000] KEHC 317 (KLR) High Court of Kenya 15 March 2000

Sanitam Services (EA) Limited v Rentokil (K) Limited & another [2000] KEHC 524 (KLR)

✦ The application is dismissed with costs to the respondents.

[2000] KEHC 524 (KLR) High Court of Kenya 14 March 2000

MARGARET W. WARIMA v PHYLLIS W. THEUIRU & 2 OTHERS [2000] KEHC 439 (KLR)

✦ The dismissal of the suit for want of prosecution is set aside, and the suit is reinstated.

[2000] KEHC 439 (KLR) High Court of Kenya 14 March 2000

MUDHIHIRI MOHAMMED & 2 OTHERS v NAIROBI CITY COUNCIL [2000] KEHC 308 (KLR)

✦ The court dismissed the application, upholding the ex-parte judgment.

[2000] KEHC 308 (KLR) High Court of Kenya 14 March 2000

BENEDICT NGIGE NJOROGE vs REPUBLIC [2000] KEHC 413 (KLR)

✦ The appeals are allowed, convictions quashed and sentences set aside. The appellants shall be released forthwith unless otherwise lawfully held.

[2000] KEHC 413 (KLR) High Court of Kenya 11 March 2000

KIHIU MWIRI FARMERS COMPANY LTD v SOLOMON KARUGU MUGWERU & 3 OTHERS [2000] KEHC 339 (KLR)

✦ The preliminary objections are upheld and the application is consequently dismissed.

[2000] KEHC 339 (KLR) High Court of Kenya 11 March 2000

JAME P.T. KUBAI v ANNE N. KUBAI [2000] KEHC 367 (KLR)

✦ The plaintiff's claim is struck out as incurably defective and the defendant is entitled to the costs of the application and the entire suit.

[2000] KEHC 367 (KLR) High Court of Kenya 9 March 2000

DAVID M. KIBINGE & 2 OTHERS v MUNICIPAL COUNCIL OF THIKA [2000] KEHC 364 (KLR)

✦ The ex-parte orders are set aside

[2000] KEHC 364 (KLR) High Court of Kenya 8 March 2000

PETERKEEN M. KIMWELI & 5 OTHERS v MUSDAF ABDI MOHAMED & OTHERS [2000] KEHC 450 (KLR)

✦ The court dismissed the plaintiffs' claims and ordered an injunction against the first defendants.

[2000] KEHC 450 (KLR) High Court of Kenya 7 March 2000

ANASTASIA WANJIKU KIMANI v HALAI DEVELOPERS LTD [2000] KEHC 309 (KLR)

✦ The court enters judgment for the plaintiff against the defendant for the refund of the deposit with interest at 20% per annum from the date of filing the suit.

[2000] KEHC 309 (KLR) High Court of Kenya 7 March 2000

ASG SCAN CARGO v NAIROBI CONVEYORS LIMITED [2000] KEHC 435 (KLR)

✦ The goods cannot be subject to attachment by the plaintiff and the application is allowed.

[2000] KEHC 435 (KLR) High Court of Kenya 6 March 2000

YATIN VINUBHAI KOTAK vs TUCHA ADVENTURES L & ANOTHER [2000] KEHC 265 (KLR)

✦ The order was an 'unless' order, and the defendant's failure to comply was not intentional and contumacious. The defendant's application to extend the time for filing the list of documents is allowed.

[2000] KEHC 265 (KLR) High Court of Kenya 3 March 2000

In Re: CAREY KIHAGI MURIUKI [2000] KEHC 425 (KLR)

✦ Immaculate Nguku Wanyaga is not a dependant and Lucina Mithayo Wanjeri is not a dependant. Kihagi Mathenge Muriuki is a dependant and is entitled to a reasonable provision from the estate.

[2000] KEHC 425 (KLR) High Court of Kenya 3 March 2000