Kenyan case law

DR. OSITA OGBU vs VIOLET GATEI [2001] KEHC 584 (KLR)

✦ Judgment is entered in favor of the plaintiff for the principal sum of US$25,000, agreed interest of US$7,449, and interest on the principal and agreed interest at court rates from the date of filing suit until payment in full.

NATIONAL LOTTERY LIMITED vs BETTING CONTROL & LICENCING BOARD [2001] KEHC 724 (KLR)

✦ The respondent is committed to civil jail for six months for contempt of court.

JOSEPH MUNYASYA MATOLO vs UNITED INSURANCE CO. LTD. & WHITESTONE AUCTIONEERS (K) LTD [2001] KEHC 587 (KLR)

✦ Judgment is entered in the plaintiff's favor as prayed in the plaint

Musingo v Habo Agencies Ltd [2001] KEHC 855 (KLR)

✦ The defendant's defence is struck out and judgment is entered against the defendant

MARY WANJIRU NJUGUNA vs REPUBLIC [2001] KEHC 228 (KLR)

✦ The court allows the respective applications filed by the applicants and grants a prohibiting order restraining the Chief Magistrate, Nairobi or any other Magistrate from hearing or in any manner further entertaining Criminal Case No. 787 of 2000, Republic vs Njuguna Njoroge and Mary Wanjiru Njuguna.

JONATHAN PANCHRAS MBINDAH vs PETER MWAURA NJUGUNA & NJOROGE MWATHI [2001] KEHC 418 (KLR)

✦ The plaintiff is awarded Shs.2,000,000 as general damages for pain and suffering, and loss of amenities, and for future treatment. Costs of the suit are awarded.

Mpaka Road Development Co. Ltd v Abdul Gafur Kana T/A Anil Kapuri Pan Coffee House (Civil Suit 318 of 2001) [2001] KEHC 43 (KLR) (Civ) (29 May 2001) (Ruling)

✦ The court finds the defendant's defence and counterclaim frivolous and vexatious and orders them to be struck out with costs to the plaintiff. Judgment is entered for the plaintiff.

NATIONWIDE FINANCE CO. LTD vs MECK INDUSTRIES LTD & MICHAEL GERALD KIMANI [2001] KEHC 160 (KLR)

✦ The sale by public auction of the suit land should not be set aside

MWIHANGIRI FARMERS LTD. vs ECUMEMICAL DEVELOPMENT CO-OPERATIVE SOCIETY (E.D.C.S.) U A [2001] KEHC 589 (KLR)

✦ The application is incompetent and is accordingly struck out with costs.

ENOCK OMORO OGERA vs REPUBLIC [2001] KEHC 360 (KLR)

ERICKS MOGIRE NYAKUNDI vs REPUBLIC [2001] KEHC 141 (KLR)

✦ Affirming the conviction and sentence of 5 years imprisonment with one stroke of cane.

PETER WAWERU WAITITU vs CYRUS J. KARANJA [2001] KEHC 389 (KLR)

✦ The defendant is ordered to pay back an amount equivalent to Shs.75,000, being the agreed value for the motor vehicle.

AKBER SULEIMAN SIDI,KULSUM AKBAR SIDI & KASSAM GULAMHUSSEIN ADAM vs ESMAIL SULEIMAN SIDI [2001] KEHC 167 (KLR)

✦ The 1st and 2nd Plaintiffs are entitled to the vacant possession of the suit land and mesne profits.

NANCY KIRIKA vs CONSOLIDATED BANK OF KENYA & ELIUD MATHU [2001] KEHC 537 (KLR)

✦ The dismissal was wrongful, and the first defendant is liable for libel. The plaintiff is awarded damages for wrongful termination and libel.

OLERAI INVESTMENY LIMITED vs PRINCIPAL KENYA INSTITUTE OF MASS COMMUNICATION & ATTORNEY GENERAL [2001] KEHC 166 (KLR)

✦ The Plaintiff is awarded K.shs. 3,100,000 for net loss due to the Defendants' unlawful occupation of the suit land, together with costs and interest.

JACINTA NGINA MWANZIA vs MARY MUTHINI KAMAU [2001] KEHC 436 (KLR)

✦ The court finds that the previous ruling was correct and denies the applicant's request for leave to sue out of time and amend her application.

MBATHA MBUVI vs BENJAMIN MBOSO MUTWEIA [2001] KEHC 557 (KLR)

✦ The suit is time-barred and dismissed

PAUL SITIENEI & 13 OTHERS vs JOHN KIBEIGO & 5 OTHERS [2001] KEHC 158 (KLR)

✦ The court allows the application to dismiss the suit for want of prosecution and grants costs to the 5th and 6th defendants.

In Re: FRANCIS NJUGU KURIA [2001] KEHC 732 (KLR)

✦ The respondent is not entitled to costs as the directions had been taken in their absence and were not challenged.

NATIONAL BANK OF KENYA vs GEMMA GELMETTI & ANOTHER [2001] KEHC 521 (KLR)

✦ The court grants summary judgment in favor of the Plaintiff, holding that the personal guarantees are valid and that the Defendant has no valid defense to the suit.

CHARLES KAKAI vs ALI NASSOR SALIM [2001] KEHC 392 (KLR)

✦ The court dismissed the application for a mandatory injunction and the application for withdrawal due to the plaintiff's lack of interest and failure to take further action.

NKOIRISHA OLE NTOMPO KERERU & FOUR OTHERS vs THE CHAIRMAN LORNGOSUA GROUP RANCH & NINE OTHERS [2001] KEHC 556 (KLR)

✦ The court upholds the preliminary objection and strikes out the suit filed by the plaintiffs.

ANASTASIA NJERI KAMAU vs DAVID GITAU KAMAU & JOHN MBURU KAMAU ) [2001] KEHC 733 (KLR)

✦ The applicant was given sufficient provision from the estate and the grant is confirmed.

ALFRED N. O. MICHIRA vs GESIMA POWER MILLS LTD. [2001] KEHC 459 (KLR)

✦ The agreement is void and incapable of enforcement, and the plaintiff's claim fails.

NDUNGU MUNGAI vs DANIEL MWATHI KIRIGO & STEPHEN NDUNGU MWATHI [2001] KEHC 410 (KLR)

✦ The application is dismissed with costs as no reasonable cause of action has been established against Nganga & Kariuki.