Kenyan case law
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KMV V NMS [2009] KEHC 538 (KLR)
✦ The marriage is dissolved, and the petitioner is granted custody of the child. The petitioner will bear his own costs.
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RAMSHI V. PATEL & another v LULU DRY CLEANERS LTD. & OTHERS [2009] KEHC 400 (KLR)
✦ The applicant is not able to grant prayer 2 of the application dated 21st August, 2009 as there were no proceedings before Justice Ochieng on 19th June, 2008.
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BENSON IRUNGU KARIUKI & another v WINFRED MUTHONI KARIUKI [2009] KEHC 877 (KLR)
✦ The court finds that possession of the property since 1982 has not been interfered with by the deceased or his survivors. The court orders that the property be removed from the rectified certificate of confirmation pending further orders.
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PETER MACHARIA KINYANJUI V TRUCKLINE CONSTRUCTION CO. LTD [2009] KEHC 502 (KLR)
✦ The defendant's application is dismissed, but the defendant is granted the application on condition that it deposits the decretal sum within 60 days.
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MARY KUNGA OSIOLO v JANE ONGOCHE AYUBU & another [2009] KEHC 242 (KLR)
✦ Application dismissed
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MESHACK NJEMA ODONGO v WEST KENYA SUGAR CO. LTD [2009] KEHC 412 (KLR)
✦ The court sets aside the award made by the trial court and replaces it with an enhanced award under the Law Reform Act and the Fatal Accident Act
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AGGREY J. B. LUVUTSE v ALEXANDER MUSA LIMISI [2009] KEHC 351 (KLR)
✦ The Plaintiff has proved his case and the deceased and the Defendant's rights over the plot got extinguished by way of adverse possession upon expiry of 12 years when the applicant was in possession. The suit property has vested in the Plaintiff and he should be registered as the owner.
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PAUL KIBUGI & 2 OTHERSELECTORAL COMMISSION OF KENYA & ANOTHER [2009] KEHC 4256 (KLR)
✦ The petition dated 20th February 2008 is hereby dismissed with costs to the 1st Respondent.
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MOSES OKWARE OPARI & another v AMAYI OKUMU KASIAKA & 2 others [2009] KEHC 101 (KLR)
✦ The application is dismissed as the Plaintiffs failed to satisfy the requirements needed in an application of this nature.
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ROBERT DECHE MUYE v EUNICE MUMBI GICHURU [2009] KEHC 544 (KLR)
✦ The application for substituted service is allowed and the respondent is ordered to be served by way of advertisement in the Daily Nation newspaper once.
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RICHARD WEKESA v TADAYO WAKHUNGU NATEMBEYA [2009] KEHC 363 (KLR)
✦ The application is premature and the procedure for an application for revocation of grant was not followed. The application is therefore dismissed. The Objector is granted prayer 2 of the application dated 8th June, 2009 relating to the registration of inhibitions in respect of plot numbers BUNGOMA/NDALU/566, 567, 568 and 569.
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NANCY WANJA KITHAKA v REPUBLIC [2009] KEHC 1006 (KLR)
✦ The application for bail pending appeal is allowed, and the appellant is ordered to sign a bond of 20,000/= to appear for mention before the Deputy Registrar.
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LABAN AFUBWA MUKOLE v AGNESS SAKWA MUKOLE [2009] KEHC 237 (KLR)
✦ The court will distribute the estate's property as proposed by the Petitioner with adjustments, and the two acres already given to Agnes will be included in her share.
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CHEGENYE DANIEL CHITWAH T/A D.C. CHITWAH & CO. ADVOCATES V JOHN MUKEYA KITIABI [2009] KEHC 51 (KLR)
✦ The motor vehicle registration No. KRK 882 shall remain in the possession of the applicant pending the taxation of the applicant’s bill of costs and payment of the taxed costs. The respondent is at liberty to apply and substitute the motor vehicle herein with another security of equal value.
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KIPKORIR, TITOO & KIARIA ADVOCATES v JUNE NDUTA KINYUA [2009] KEHC 833 (KLR)
✦ Preliminary objection cannot stand, application by interested party is argued on merits
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REPUBLIC v G.K.R [2009] KEHC 120 (KLR)
✦ The court finds the accused guilty of murder but dismisses the preliminary objection on the charge sheet and overrules the preliminary objection on the sentence.
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Manyasi v Gicheru & 3 others (Miscellaneous Application 920 of 2005) [2009] KEHC 4248 (KLR) (12 November 2009) (Ruling)
✦ The decision to retire the applicant on grounds of public interest was not followed properly and is therefore null and void.
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ENOS MATAKWE SIKOYO v ISMAEL SAKWA [2009] KEHC 408 (KLR)
✦ The court finds in favor of the plaintiff, Enos Matakwe Sikoyo, and issues an eviction order against the defendant, Ismael Sakwa, and his agents. The defendant is restrained from using, developing, or interfering with the plaintiff's ownership, possession, and use of the land.
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MECOL LIMITED v GEOFREY NJOROGE KABUU [2009] KEHC 647 (KLR)
✦ The appeal is allowed to the extent of setting aside the award of loss of earnings of Kshs.480,000/= and substituting an award of Kshs.150,000/=
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REPUBLIC v NDIVISI DIVISION LAND DISPUTES TRIBUNAL COMPRISING OF HARRIET SIFUMA & 2 OTHERS EX-PARTE WILSON SARAI WASAI [2009] KEHC 201 (KLR)
✦ The application is merited and the decision of the Ndivisi Land Disputes Tribunal is removed into the High Court and quashed.
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MUSIA MUTUNGI, KIMANTHI MUTHAMA & KYALO MAWEU v REPUBLIC (Criminal Appeal 138, 139 & 140 of 2007) [2009] KEHC 1031 (KLR) (12 November 2009) (Judgment)
✦ The convictions are quashed, sentences set aside, and the Appellants shall be retried at Kilungu SRM’s Court.
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M.J.A.O v F.O [2009] KEHC 551 (KLR)
✦ The court dissolves the marriage due to cruelty and grants custody to the petitioner.
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ENOS MATAKWE SIKOYO v ISMAEL SAKWA [2009] KEHC 341 (KLR)
✦ The plaintiff is the registered owner of the property and is entitled to exclusive and peaceful enjoyment of the land. Eviction order is issued against the defendant, restraining him from using the land.
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AGGREY J. B. LUVUTSE v ALEXANDER MUSA LIMISI [2009] KEHC 414 (KLR)
✦ The Plaintiff has proved his case and the deceased and the defendant's rights over plot No. Kakamega/Lukose/773 got extinguished by way of adverse possession. The suit property has vested in the Plaintiff and he should be registered as the owner.
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ANN MWAURA & OTHERS v DAVID WAGATUA GITAU & OTHERS [2009] KEHC 495 (KLR)
✦ The court grants the temporary injunction application and restrains the respondents from evicting the appellants until the appeal is heard and determined. The appellants are directed to pay the old rents and the appeal must be heard within six months.