Kenyan case law

REPUBLIC vs THE RESIDENT MAGISTRATE,MWINGI [2001] KEHC 438 (KLR)

✦ The decision of the land disputes tribunal is upheld.

MULTIPLE HAULIERS LTD & ANOTHER v JOHN ODONGO HAGAI [2001] KEHC 7 (KLR)

✦ The court found that the trial court erred in its interpretation of the Civil Procedure Rules and in its assessment of the evidence presented by the appellants.

HOUSING FINANCE COMPANY OF KENYA LTD vs WAMBUGU & COMPANY ADVOCATES [2001] KEHC 600 (KLR)

✦ Each party shall bear its own costs of the suits. The respondents were effectively served with relevant notice prior to the variation of the lending rate of interest.

ONESMUS KIMANI NGUNJIRI vs CALTEX OIL (KENYA) LIMITED [2001] KEHC 460 (KLR)

✦ The Plaintiff's claim for the value of the petroleum station fails, and the Defendant is awarded Shs.3,882,514/- as claimed in the counterclaim.

NAZIR MWITHWANI vs AVOW MARKETTING SERVICES (K) LTD [2001] KEHC 574 (KLR)

✦ plaintiff is entitled to Kshs.437,745/= plus costs of the suit and interest to accrue from 5th October, 1994

DUNSON NJOROGE vs PETER KINGORI MBACHO [2001] KEHC 492 (KLR)

✦ The application is incompetent and is hereby struck out

KAYAM MADHANY,NIZAR MADHANY,AMIR MADHANY,HASSANALI MADHANY (TOGETHER KNOWN AND SUING ON BEHALF OF THE MADHANY FAMILY),KENYA SUNSHINE PRODUCTS LIMITED & KAMUTA INVESTMENTS LIMITED vs INDUSTRIAL PROMOTION SERVICES (K) LTD,PREMIER FOOD INDUSTRIES LTD & [2001] KEHC 558 (KLR)

✦ Instructions fees are increased to Shs.7,667,583/70

REPUBLIC vs KENYA BROADCASTING CORPORATION Ex Parte OBADIAH NYATODO OCHILLO,IDDY WAMBUI MWANGI,FRANK MATHEWS MBOLE,MARY MUTHONI MUNYUA,CLEMENT ONYANGO DINDA & 15 OTHERS [2001] KEHC 90 (KLR)

✦ The application must fail and be dismissed with costs.

RELIANCE BANK LIMITED (UNDER CBK MANAGEMENT) vs METALLICA ENGINEERING INDUSTRIES LTD,RAJNIKANT BABUBHAI PATEL,JITENDRA JASHBAHAI PATEL & PINAKIRAI RAMBHAI PATEL [2001] KEHC 374 (KLR)

✦ Summary judgment is not appropriate in this case.

BEATRICE KATHURE MUGUNA vs REPUBLIC [2001] KEHC 284 (KLR)

✦ The sentence is considered harsh and is substituted with community service for a similar period.

BENARD KAGO NJUGUNA vs REPUBLIC [2001] KEHC 70 (KLR)

✦ The statement recorded by Police from PW.8 ABDALLA HAMISI shall be produced when the Appeal comes up for hearing.

KASYI SURVITEX LTD vs KITALE MUNICIPAL COUNCIL & SAPAMO CONSULTANTS [2001] KEHC 386 (KLR)

✦ The Plaintiff's claim for Shs.573,400/- is valid and the Plaintiff is entitled to judgment in that sum plus costs and interest at court rates.

M M K v H K [2001] KEHC 188 (KLR)

✦ The court finds the act of desertion occurred and the petitioner deserted the respondent without cause.

Bernard B. K. Nguru v Housing Finance Company of Kenya & another [2001] KEHC 475 (KLR)

✦ The court grants an eviction order to the plaintiff and awards mesne profits from November 30, 1993, to the date of full repayment.

REPUBLIC vs JOEL MURIMI MWENDA [2001] KEHC 404 (KLR)

✦ The charge of murder is reduced to manslaughter. The accused is sentenced to serve 2 years imprisonment.

LITTLE JORAH LTD & PEPE LTD vs KENYA REVENUE AUTHORITY & COMMISSIONER OF CUSTOMS & EXCISE [2001] KEHC 105 (KLR)

MARY WANJIKU KAPAITO vs TERESIA NASIEKU KINEIA [2001] KEHC 771 (KLR)

✦ The objection to the deceased's will is dismissed, and the estate will be administered according to the will. The petitioner and the third objector are ordered to bear their own costs.

Pharmaceutical Manufacturing Co v Novelty Manufacturing Ltd [2001] KEHC 829 (KLR)

✦ The court finds that the plaintiff has succeeded in its trade mark infringement action but fails in its passing off action. The court grants an injunction to restrain the defendant from manufacturing, selling, supplying or distributing a pharmaceutical product under the name 'Tri-histina' or any colourably similar name.

MARGARET RACHEL MUTHONI & ARTHUR MUNENE MBOGO vs VERONICA RWAMBA MBOGO [2001] KEHC 684 (KLR)

✦ The court dismissed the application, stating that a party must lead his evidence at examination and not after closing his case.

ALICE MBETE SILA vs JOSEPH MAKAU KIMOLO [2001] KEHC 526 (KLR)

✦ The court dismissed the application and refused to stay execution or review the previous ruling.

JOSEPHINE WANDII MUTUA vs WILLIAM MUTHENGI (DECEASED) THRO’ PHILLIP MUTISO MUTHENGI,DAVID MUTHENGI,DANIEL MUTHENGI & JOHN MUTHENGI [2001] KEHC 450 (KLR)

✦ The application for substitution of deceased defendant's representatives is dismissed with costs. The application for review of the previous judgment is also dismissed.

BENJAMIN KASWII vs CAPITAL CONSTRUCTION LTD [2001] KEHC 165 (KLR)

✦ The Defendant is not liable for the Plaintiff's claim of malicious prosecution.

REPUBLIC vs PROFESSOR YASH PAL GHAI & THE CONSTITUTION OF KENYA REVIEW COMMISSION (EX PARTE) ARCHIBISHOP SAMSON MWANGI GAITHO,BISHOP SILAS YEGO,BISHOP GERRY KIBABARA,BISHOP JOSEPH OGUTU & 6 OTHERS [2001] KEHC 783 (KLR)

✦ The application for leave to file proceedings cannot be heard ex parte without an application being made to that effect. The Respondents have the right to be heard in the application for leave.

NJOROGE KIBATIA vs KARURA FARMERS COMPANY LTD [2001] KEHC 787 (KLR)

✦ The application for an interlocutory injunction is dismissed with costs.

NORTHERN EXECUTIVE AVIATION LIMITED vs IBIS AVIATION LIMITED [2001] KEHC 432 (KLR)

✦ The court ruled that the foreign judgment was admissible and that the original court in England is a Commonwealth country, thus the judgment is valid. The court also ruled that the judgment has not been satisfied in England.