Kenyan case law
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JAMES NGUGI GAKUNJU vs WILLIAM NJAU KAMAU & ANOTHER [2000] KEHC 313 (KLR)
✦ Judgment for the plaintiff for pain, suffering and loss of amenities at Ksh.400,000/- and Special Damages as pleaded and proved by the plaintiff at Ksh.844,520/-
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BERNARD MUSYOKI v MERU TRANSPORTERS & 3 OTHERS [2000] KEHC 330 (KLR)
✦ The court held that the plaintiff's injuries were caused by the defendant's negligence and that the plaintiff's claim was not time-barred.
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ROYAL MEDIA SERVICES LIMITED v TELKOM KENYA LIMITED & 2 OTHERS [2000] KEHC 447 (KLR)
✦ The court found that the plaintiff has not made a prima facie case and that mandatory injunctions cannot be granted under Order XXXIX. The court also dismissed the constitutional claims.
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DAVIDWARGANJOKIGWA vs THE REGISTRAR OF MOTOR VEHICLES [2000] KEHC 299 (KLR)
✦ The application is dismissed as the applicant has not complied with the provisions of the Traffic Act.
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NGUGI KINYANJUI KIURU & ANOTHER vs NG’ANG’A KIURU [2000] KEHC 358 (KLR)
✦ The application fails and is dismissed with costs.
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In Re Estate of Husseinbhai Karimbhai Anjarwalla [2000] KEHC 51 (KLR)
✦ The application does not lie under sections 94 and 95 of the Succession Act, and is dismissed with costs. The court orders the executrix to file a full and accurate inventory of the assets and liabilities of the deceased and a full and accurate account of all dealings with the estate.
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Branwade Investments Kenya Ltd & 2 others v Colins Davies & 2 others [2000] KEHC 557 (KLR)
✦ The court grants an injunction against the defendants to prevent them from selling, charging, mortgaging, or transferring the suit lands pending the hearing and determination of the suit.
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MARY WANJIRU MUKURIA v KENYA BUS SERVICES LTD. [2000] KEHC 500 (KLR)
✦ The court finds 50% liability for the plaintiff and 50% for the defendant. The court awards Ksh.55,000 in general damages.
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DAVID M. MBUTHIA v ALLIED INDUSTRIES LTD [2000] KEHC 344 (KLR)
✦ Judgment be and is hereby entered at 100% against the defendant. The plaintiff is awarded Ksh.220,000 in general damages for pain and suffering and loss of amenities.
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BENJOH ALMAGAMATED LTD & ANOTHER vs KENYA COMMERCIAL BANK [2000] KEHC 96 (KLR)
✦ The suit should be struck out as vexatious and an abuse of process
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DAVID C. MWANGI t/a SAM & SEMA MARKET CENTRE v OCCIDENTAL INSURANCE CO. LTD & AZARI INSRUANCE BROKERS [2000] KEHC 430 (KLR)
✦ The application is allowed, the judgment and subsequent orders are set aside.
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LAWRENCE GAITHO MATHENGE v KENYA BREWERIES LTD. & ANOTHER [2000] KEHC 336 (KLR)
✦ The court dismisses the suit with costs to the defendant.
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MOUNT KENYA SUNDRIES LTD. v THE RECEIVER MANAGER GRAND REGENCY HOTEL (In Receivership) [2000] KEHC 440 (KLR)
✦ The court ruled that leave can be granted after the suit has been commenced but the proceedings should be stayed until the leave is granted.
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BARBARA FENWICK v BERNARD NGIGI NDIRIMA & ANOTHER [2000] KEHC 276 (KLR)
✦ The defendants are found liable in negligence, and the plaintiff is awarded Ksh.500,000/- for pain, suffering, and loss of amenities.
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ELIAS MBABU M’INOTI v ATTORNEY GENERAL [2000] KEHC 281 (KLR)
✦ The court grants a stay of execution of the judgment pending the hearing and determination of the intended appeal, subject to the applicant releasing Shs.300,000 to the respondent for his immediate use for medical expenses.
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KAMBAA TEA FACTORY COMPANY LTD & 7 OTHERS vs R. NGATIA NDONYE & 2 OTHERS [2000] KEHC 399 (KLR)
✦ The Court held that the requisitioning of the meeting by the members was not valid due to the lack of a special notice and the absence of a proposed resolution for removing the Directors and appointing others.
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PETER MWORIA v CALTEX OIL(KENYA) LTD [2000] KEHC 280 (KLR)
✦ The vehicles were not cannibalized. The Plaintiff is not entitled to a refund or waiver of charges.
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CHRISTINE AUMA OGENDO v BARRACK AGUKO ONDIJO & ANOTHER [2000] KEHC 282 (KLR)
✦ The suit is dismissed with costs
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John Mbugua Mungai v Nyila Ndunda [2000] KEHC 418 (KLR)
✦ The application to remit the arbitrator's award is dismissed as it was brought more than three years after the award was read.
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KAMAU KAMUNYURU & ANOTHER v MACHARIA MONGO & 6 OTHERS [2000] KEHC 428 (KLR)
✦ The court amended the decree to include parcel L.R. No. 9835.
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DR. ONDEGO CHARLES & 208 OTHERS v KENYATTA NATIONAL HOSPITAL [2000] KEHC 420 (KLR)
✦ The court lacks jurisdiction to entertain the suit and plaintiffs have no locus standi to sue the defendant in their capacity as postgraduate students at the University of Nairobi.
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JOHN MUASYA USWII v JOHN MAINA KABURU & ANOTHER [2000] KEHC 131 (KLR)
✦ Judgment for the plaintiff for damages of Shs.2,316,790/-
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MIDDLE AFRICA ACCEPTANCE v EDWARD CHARLES ARNOLD [2000] KEHC 94 (KLR)
✦ The defendant's defense raises triable issues, and the application for Summary Judgment is dismissed.
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LUKAS OCHOLA WANGULU v SECURICOR KENYA LTD. [2000] KEHC 381 (KLR)
✦ The plaintiff's claim is dismissed for lack of proof
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REUBEN MEMO WERUNGA vs MICHAEL ODINDO [2000] KEHC 396 (KLR)
✦ The defendant is liable in negligence at 100%. The plaintiff is awarded General Damages for pain and suffering and loss of amenities of Kshs. 1.5 million and a wheel chair of Kshs. 80,000.