Kenyan case law

E M M vs M W M [2002] KEHC 555 (KLR)

✦ The court grants an order of divorce, custody of the children to the petitioner, and awards costs to the petitioner.

In Re: ANTHONY MUNGAI (DECEASED) [2002] KEHC 1025 (KLR)

✦ The grant of letters of administration to Ann Wangeri Njoroge was revoked, and a new grant was issued to Ann Wangeri Njoroge jointly with her father and Joyce's mother.

LAWRENCE NDUATI vs NANCY CHEPNGENO BORE [2002] KEHC 250 (KLR)

✦ The application is dismissed with costs to the Respondent

N v R [2002] KEHC 318 (KLR)

✦ The Petitioner's petition for the dissolution of his marriage to the Respondent is allowed due to adultery. Custody of the child is given to the Respondent.

JUMAMOSI KANENE vs REPUBLIC [2002] KEHC 340 (KLR)

Geoloy Investments Ltd v Behal t/a Krishan Behal & Sons [2002] KEHC 1148 (KLR)

✦ The application is dismissed with costs.

ABDUL ALIM MUSA AYUB vs AMANI K.A. RUTO & ANOTHER [2002] KEHC 527 (KLR)

✦ Application to liquidate decretal amount by monthly instalments is hereby dismissed with costs

ABDUL ALIM MUSA AYUB vs AMANI K.A. RUTO & ANOTHER [2002] KEHC 528 (KLR)

✦ The application is denied as the defendants have not shown good faith and have caused delay to the plaintiff.

PETER MUTUNGA GACHIGI vs SERA NJERI MUIGAI [2002] KEHC 668 (KLR)

✦ The application to strike out the suit as showing no cause of action and to bar it under the statute of limitations is dismissed.

JOHN KIMANI NJOROGE vs SERAH NJERI MWOBI [2002] KEHC 515 (KLR)

✦ The court finds that the plaintiff's claim does not show no cause of action and that the suit should proceed to full hearing.

PATRICK M. NDAMBUKI vs KENYA POWER & LIGHTING CO. LTD. [2002] KEHC 815 (KLR)

✦ The appeal is dismissed with costs.

MARY NDUTA NJAGA vs WALLACE WAWERU NJUGUNA [2002] KEHC 790 (KLR)

✦ The application to strike out the defendant's defence is allowed, and the court will set the counterclaim for hearing.

M K N vs M W M [2002] KEHC 317 (KLR)

✦ The marriage is dissolved, and the decree nisi is made absolute within three months. The interim custody order for the son is continued.

KALYAN KESHRA PATEL vs MARY W.J. KIGHALA MWAIGAMBA & 3 OTHERS [2002] KEHC 652 (KLR)

✦ The court dismissed the application, finding that the 1991 sale agreement is unrelated to the current dispute and that the new evidence is not new and not available to the defendants.

KINGSWAY TYRES & ANOTHER v ALSON RETREADING COMPANY LIMITED & 3 OTHERS [2002] KEHC 16 (KLR)

✦ The suit is not barred by res judicata and is not time-barred. The Defendants' applications are dismissed with costs.

FAITH MWENDE MUNILU vs REPUBLIC [2002] KEHC 1268 (KLR)

✦ The convictions for manslaughter are set aside.

NARODHAS (K) LTD. vs BANDARI ELECTRICAL & HARDWARE LTD & ANOTHER [2002] KEHC 632 (KLR)

✦ The plaintiff is entitled to judgment as prayed in the plaint, with interest at court rates from the date the suit was filed.

E K M vs J K [2002] KEHC 840 (KLR)

✦ The appeal is dismissed as the Magistrate was not satisfied that the appellant proved her case on a balance of probabilities

ASECO (K) LTD vs KAMAMU FREIGHT FORWARDERS [2002] KEHC 591 (KLR)

✦ The Defendant must be held personally liable as a forwarding agent for freight charges and costs, and the Plaintiff is entitled to judgment as prayed.

JULIUS MWANGAI IDAYA vs REPUBLIC [2002] KEHC 429 (KLR)

✦ The appeal is dismissed

KAHUHU WANG’ANG’A vs REPUBLIC [2002] KEHC 417 (KLR)

✦ The conviction for malicious damage to property is quashed and the sentence set aside.

KENYA COMMERCIAL BANK LTD vs CHARLES MULEI MULINGE [2002] KEHC 592 (KLR)

✦ Summary Judgment granted in favor of the plaintiff with costs awarded to the plaintiff.

JOHN KIRISIET OLE MUSEI vs REPUBLIC [2002] KEHC 401 (KLR)

✦ The conviction for stealing by agent is upheld, while the acquittal of forgery and uttering a false document is affirmed.

A.Y. JIWAJI & JIWAJI vs MANSWAB ADNAN MOHAMED [2002] KEHC 963 (KLR)

✦ The application for stay of execution is dismissed with costs.

Muthaiga Mini Market Ltd v Leisure Lodges Ltd [2002] KEHC 1220 (KLR)

✦ The application is allowed, and the statement of defence is struck out. Judgment is entered for the plaintiff. The interim liquidators are entitled to be paid out of the company's property all costs, charges, and expenses properly incurred as interim liquidators.