Kenyan case law
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JOHN F. MAKANGA. vs THE KENYA POWER & LIGHTING COMPANY LTD. (? 300 of 2003) [2003] KEHC 673 (KLR) (16 May 2003)
✦ Application for mandatory injunction dismissed with costs.
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National Bank of Kenya vs ROBERT KABUTA MURIMI [2003] KEHC 570 (KLR)
✦ The judgment is regular and the application is dismissed
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MERCANTILE FINANCE COMPANY LIMITEDvs JOHN WACHIRA WAMBUGU [2003] KEHC 551 (KLR)
✦ The application to set aside the arbitral award is allowed in part, and the Defendant is ordered to pay the Plaintiff the costs of the application.
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MWANGI KAINGI vs JEDIDAH NJERI MAINA [2003] KEHC 794 (KLR)
✦ The Appellant's appeal is dismissed with costs to the Respondent
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ELIJAH MUTUKU MUTINDA vs REPUBLIC [2003] KEHC 339 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set free. The order to remove the appellant's name from the title deed is annulled.
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AHMED ZAIN MOHAMMED vs ZAIN AHMED ZAIN & 4 OTHERS [2003] KEHC 498 (KLR)
✦ The court has jurisdiction to consolidate applications but not without conditions. The court will allow the consolidation of the applications and will direct the 2nd applicant to be the first to open arguments.
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NILAM DOSHI & ANOTHER V CREDIT AGRICOLE INDOSUEZ LIMITED & 2 OTHERS [2003] KEHC 483 (KLR)
✦ The court granted the 2nd and 3rd defendants leave to issue third party notices against M/s Pallinder Holdings Limited within 14 days.
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J C RONO T/A BELAMY AGENCIES V JACKSON KIBOR (Civil Suit 1425 of 1999) [2003] KEHC 566 (KLR) (Civ) (15 May 2003) (Ruling)
✦ The application is dismissed, with costs to the defendant.
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MICHAEL PAUL ATUNDI V NGETHE WARUI [2003] KEHC 759 (KLR)
✦ The Appellant's appeal has no merits and is hereby dismissed with costs to the Respondent
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ERASTUS NDUNGU THUNGU vs MARY WAIRIMU (THUNGU) MBURU [2003] KEHC 858 (KLR)
✦ The appeal is allowed with costs to the Appellant
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JOSIAH IRERI HARRISON vs REPUBLIC [2003] KEHC 402 (KLR)
✦ The conviction is quashed and the sentence is set aside due to the lack of proper evidence regarding the drug.
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BHANCU INDUSTRIES LIMITED vs AMINA MOHAMMED KULE (SUED ON HER OWN BEHALF AND ON BEHALF OF ALL MEMBERS OF JOY WOMEN GROUP). [2003] KEHC 709 (KLR)
✦ The court grants the stay and sets aside the ex parte order but directs that the main case be heard on priority.
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KENYA OIL CO LIMITED vs CHIEF PETROLEUM LIMITED [2003] KEHC 579 (KLR)
✦ Defendant shall supply particulars regarding fuel supplies to third parties, incorrect invoicing, and payments made to the Plaintiff.
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ISAAC KIENNE MUKWATE V REPUBLIC [2003] KEHC 350 (KLR)
✦ The appeal is allowed, and the conviction for robbery with violence is set aside.
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ABOUD ROGO MOHAMED vs THE HON. THE ATTORNEY GENERAL [2003] KEHC 193 (KLR)
✦ The applicant is released on a bond of Kshs.100,000/= plus two sureties of Kshs.300,000/= each
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Eldoret Municipal Council V Rural Housing Estate [2003] KEHC 87 (KLR)
✦ The court taxed the respondent's bill of costs as follows: Items 1, 6, 24, 25, 34, 46, 53, 54, 55, 56, 58, 59, and 60 were taxed as drawn; Items 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 26, 27, 29, 30, 38, 40, 41, 45, 48, and 49 were taxed off due to premature filing; Item 34 was taxed as drawn.
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HON. MAINA WANJIGI vs BARCLAYS BANK OF KENYA LIMITED (? 1883 of 2001) [2003] KEHC 564 (KLR) (12 May 2003)
✦ The court dismisses the defendant's application to strike out the Plaintiff's application
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KENYA UNION OF POST PRIMARY TEACHERS vs TEACHER SERVICE COMMISSION [2003] KEHC 726 (KLR)
✦ The court declines to grant the orders prayed and dismisses the application with costs.
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EDICK OMONDI ANYANGA vs NATIONAL SOCIAL SECURITY FUND BOARD [2003] KEHC 715 (KLR)
✦ The court grants the application for a temporary injunction to restrain the defendant from detaining the plaintiff's goods and to have the distained goods returned.
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PRISCILLAH NYAMBURA KAMANU vs PETER KARINA JOHN GAUO MUKUNJI [2003] KEHC 644 (KLR)
✦ Application dismissed with costs
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EMMANUEL WAINA NDIRANGU vs REPUBLIC [2003] KEHC 435 (KLR)
✦ The evidence of identification by PW.2 and PW.3 was found credible and sufficient to displace the appellant's alibi defense.
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MARGARET MWIHAKI WANJAU v JOSEPH MUIRURI MUGO [2003] KEHC 615 (KLR)
✦ The ex parte judgment against the defendant on 28-1-03 is set aside, and the application is set for fresh hearing on priority basis.
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P.M.E vs REPUBLIC [2003] KEHC 425 (KLR)
✦ The conviction and sentence are upheld
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MOHSEIN MOHAMMED ALBEITY vs PETER MUCHERU NJUGUN A [2003] KEHC 777 (KLR)
✦ The appeal is dismissed with costs. The application is set down for hearing inter-party within 30 days.
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PETRO OIL KENYA LIMITED vs OMAR TRANSMOTORS LIMITED [2003] KEHC 687 (KLR)
✦ The application is dismissed with costs