Kenyan case law

LUCY WAITHIRA KIMANI v CHARLES J. KIARIE KIMANI [2000] KEHC 293 (KLR)

✦ The court awards Shs.736,047 to the Plaintiff and against the defendants jointly and severally for loss of expectation of life and special damages.

BENTA OCHANDA & 2 OTHERS vs JUMA IBRAHIM [2000] KEHC 92 (KLR)

✦ The court held that the land was not set out as a children's playground and that the defendant's actions were in violation of the temporary restraining order.

MINAR RESTAURANT LIMITED v AVENUE HOUSE LIMITED [2000] KEHC 434 (KLR)

✦ Application is dismissed with costs to the defendant.

DEL MONTE KENYA LTD v TOURING CARS (KENYA) LTD & ANOTHER [2000] KEHC 286 (KLR)

✦ The court held that the default judgment was misplaced and irregular, and set it aside.

Mohamed Abdi & 4 others v Minister Office of the President & 2 others [2000] KEHC 517 (KLR)

✦ Decline to grant any of the orders sought, advise applicants to seek further legal counsel.

MINAR RESTAURANT LIMITED v AVENUE HOUSE LIMITED [2000] KEHC 436 (KLR)

✦ Application dismissed with costs to the defendant

B. N. GEORGIADIS v SATISH B. SHAH & ANOTHER [2000] KEHC 302 (KLR)

✦ The ex-parte judgment is set aside with the following terms: deposit of the whole of the decretal amount to court within 14 days, and the plaintiff is entitled to costs thrown away and payment to be made before the next hearing date.

NZUKI MWINZI v KENYA NATIONAL ASSURANCE CO. LTD. & ANOTHER [2000] KEHC 448 (KLR)

✦ The objection is overruled, and a consent order is considered a decree.

In Re: MARIA WANJA NJAUNGIRI ALIAS WAKAHU MUTHARA (DECEASED) [2000] KEHC 323 (KLR)

✦ The grant of letters of administration in Muranga RM’s Succession Cause No. 1861/91 is revoked, and the certificate of confirmation is also revoked.

MARTIN AWOCHE OKOTH v RASCO LIMITED [2000] KEHC 128 (KLR)

✦ The defendant was not negligent and the plaintiff's claim for damages is dismissed.

RUTH WINNIE OKOTH OGENDO vs THE DIRECTOR OF SURVEYS & ANOTHER [2000] KEHC 320 (KLR)

✦ The application is dismissed with costs to the respondents and the 1st and 2nd defendants and plaintiff.

RUTH WINNIE OKOTH OGENDO vs THE DIRECTOR OF SURVEYS & ANOTHER [2000] KEHC 208 (KLR)

✦ The application is dismissed with costs to the respondents and the 1st and 2nd defendants and the plaintiff.

JOYCE WATIRI v JAMES KARIUKI & ANOTHER [2000] KEHC 294 (KLR)

✦ The court awards the plaintiff Shs.181,000 in general damages and Shs.1,000 in special damages.

MERCHANT CARD LIMITED v GITHIRE KAGIA [2000] KEHC 442 (KLR)

DAVID ONDIEKI MOSETI & ANOTHER v LOCHAB TRANSPORTERS LTD (Civil Case 171 of 1995) [2000] KEHC 57 (KLR) (7 February 2000) (Judgment)

✦ The court finds in favor of the plaintiffs, awarding them Kshs 700,000 for the cost of putting up a new structure, Kshs 412,000 for the loss of income, and costs of the suit.

BILDAD MWANGI GICHUKI v TM- AM CONSTRUCTION GROUP (AFRICA) [2000] KEHC 353 (KLR)

✦ General Damages awarded at Ksh.250,000, Past Loss Earnings at Ksh.123,500, Future Medical Care at Ksh.70,000, Diminished Earning Capacity at Ksh.156,000, Total Ksh.599,500.

L W M v K D M [2000] KEHC 212 (KLR)

✦ The marriage has irretrievably broken down and is hereby ordered dissolved.

DANIEL KINYUA THAARI v KENYA WILDLIFE SERVICES & another [2000] KEHC 85 (KLR)

✦ The court finds that an accident occurred and the plaintiff sustained injuries. The court awards general damages of Ksh.250,000 for pain, suffering, and loss of amenities. The court dismisses the plaintiff's claim for loss of future earnings and special damages.

Republic v Chief Magistrate’s Court Mombasa & another Ex-Parte Bahajj & Co Ltd & another [2000] KEHC 516 (KLR)

✦ The application is granted with costs.

DORCAS ANDAHWA vs MATHAN WASHIKO FEDHA [2000] KEHC 321 (KLR)

✦ The suit is transferred to Bungoma High Court

Embakasi Developers Ltd v Councillor Simon Mwotolo Muteti & 4 Others [2000] KEHC 326 (KLR)

✦ The court finds that the company has indefeasible titles to the subject parcels and that the defendants are squatters on the land. The mandatory injunction is granted.

In re the Estate of Mokosio [2000] KEHC 535 (KLR)

✦ Rectification of errors on a grant before or after the confirmation of grant is governed by section 74 and rules 43. Rule 14(1) applies before a grant is issued.

Elizabeth Nduta Muthee v Oliver Karongo Ngari & Another [2000] KEHC 130 (KLR)

✦ The court found the plaintiff liable for 100% of the damages and awarded her Shs.1,427,655 in total.

In re Pan African Credit & Finance Limited [2000] KEHC 548 (KLR)

✦ The applicant has no locus standi and the application is dismissed with costs.

Purity Nyokabi Wachira v Jeremiah Ntoiti Karitho & Another [2000] KEHC 125 (KLR)

✦ The court awarded the plaintiff Shs.2,169,090 in total damages, including Shs.105,000 under the Law Reform Act, Shs.2,100,000 under the Fatal Accidents Act, Shs.170,000 for the value of the vehicle, and Shs.35,100 for special damages.