Kenyan case law
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KIENZECO LIMITED V KENATCO TAXIS LIMITED (IN RECEIVERSHIP) [2005] KEHC 614 (KLR)
✦ The suit cannot be struck out as a matter for consideration of the facts and the substantive application can now proceed.
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Lucy Wairimu Mwaura v Aswinchand Hirji Shah & 3 others [2005] KEHC 1338 (KLR)
✦ The court denies the application to stay the orders, as the application is against the judgement and order of Mr. Justice Emukule, and the delay in bringing the application is unreasonable.
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Republic v James Kimani [2005] KEHC 1058 (KLR)
✦ Mr. Mutuku is ordered to pay a fine of Kshs.2,000 or serve 14 days in prison for contempt of court.
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BONIFACE KAMAU V JUSTUS MATHENGE [2005] KEHC 3109 (KLR)
✦ The court orders the defendant to vacate the suit premises and awards mesne profits to the plaintiff.
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Republic v Makueni District Land Dispute Tribunal & 4 others Ex-Parte Michael Malua Kavali [2005] KEHC 969 (KLR)
✦ Leave to file a Notice of Motion for the specified superior orders is granted, the application will be filed within 21 days, and the intended application shall be served within 14 days after the filing.
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AFPIC INTERNATIONAL IN THE UK LIMITED V ALICE MAGIRI JUKES & ANOTHER [2005] KEHC 3361 (KLR)
✦ The plaintiff's suit is hereby struck out with the consequences of its want of diligence in this matter.
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M.A. BAYUSUF & SONS LTD V SCHENKER & CO. (E.A.) LTD [2005] [2005] KEHC 3126 (KLR)
✦ The court dismissed the suit for want of prosecution.
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In Re the Estate of Osob Jama Mohamed (Deceased) [2005] KEHC 1104 (KLR)
✦ The Deputy Registrar is ordered to facilitate the transfer of properties to Hussein Mohamed Salah.
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KESHRA VISHRA t/a ALPESH ENTERPRISES V REUBEN MUSYOKI MULI t/a KONZA MERCHANTS [2005] KEHC 3127 (KLR)
✦ The court held that the execution was valid as the plaintiff had filed a bill of costs and the certificate of costs, which were not served until after the execution was sought.
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MURAYA KURIA V JAMES MAINA MUGENDA [2005] KEHC 539 (KLR)
✦ The Plaintiff has not proven his claim in adverse possession, and the Defendant's title to the land has not been extinguished or held in trust for the Plaintiff.
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KENYA COMMERCIAL BANK LIMITED V TITUS KILONZO MUTUA T/A MBWALA AGENCIES [2005] KEHC 585 (KLR)
✦ The court grants the orders sought for, including a temporary injunction restraining the 4th, 5th, 11th, and 12th Defendants and their respective agents from dealing or gaining access to their accounts held with the Plaintiff.
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Daniel Kariuki v Aga Khan Hospital & another [2005] KEHC 930 (KLR)
✦ The Court finds no negligence on the part of the Defendants and dismisses the suit.
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NAKURU MOLOLINE SERVICES LTD V LEONARD NJOROGE MWANGI & 4 OTHERS [2005] KEHC 661 (KLR)
✦ The plaintiff's application is dismissed with costs.
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DR. DANIEL CHEBUTUK ROTICH V MORGAN KIMASET CHEBUTUK (Minor suing through his father and next friend DANIEL CHEBUTUK ROTICH) [2005] KEHC 601 (KLR)
✦ Conditional stay of execution granted with terms.
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Kingfisher Restaurant Ltd v Nairobi City Council [2005] KEHC 777 (KLR)
✦ A temporary injunction is granted to protect the plaintiff's operations pending the final determination of the suit.
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Peter Njenga Muthumbi v Republic [2005] KEHC 1344 (KLR)
✦ The appeal is allowed, and the custodial sentence of three years imprisonment is set aside. The appellant is ordered set at liberty and released from prison forthwith.
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Republic v Senior Principal Magistrate Court Mombasa Ex-Parte Douglas Chiguba& 2 others [2005] KEHC 1114 (KLR)
✦ Application dismissed with costs
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NATIONWIDE FINANCE COMPANY LTD V GERSEN MICHENI MUSA & ANOTHER [2005]M eKLR [2005] KEHC 598 (KLR)
✦ The ex parte judgment entered by the court in favor of the plaintiff on 11th February 1994 is set aside. The defendant will pay the plaintiff costs of this application to be agreed and if not to be taxed by the deputy Registrar.
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DANIEL MUSILI NYEKI V KENYA WILDLIFE SERVICES [2005] KEHC 118 (KLR)
✦ The court finds the defendant's treatment of the plaintiff as far as payment of acting allowance was concerned to be wrongful.
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DANIEL MUSILI NYEKI V KENYA WILDLIFE SERVICES [2005] KEHC 690 (KLR)
✦ The court finds the defendant's treatment of the plaintiff as far as payment of acting allowance was concerned to be wrongful.
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Paul Kiplimo Sang v Republic [2005] KEHC 1312 (KLR)
✦ The sentence of imprisonment is reduced to the period already served for each charge, and the appellant is set free unless lawfully held.
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PATRICK MUTURI & 2 OTHERS V KENYA COMMERCIAL BANK LTD [2005] KEHC 318 (KLR)
✦ The court held that the plaintiffs are not indebted to the defendant in respect of any loan and that the intended sale of the land parcels is illegal.
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Noah Omondi Ominde & another v Republic [2005] KEHC 3324 (KLR)
✦ The convictions and sentences are quashed, and the appellants are ordered to be released
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Boniface Ochieng & another v Republic [2005] KEHC 1165 (KLR)
✦ The convictions are unsafe and unsatisfactory, and the Appellants are ordered to be set at liberty.
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James Mutungi Mbithi v Republic [2005] KEHC 1037 (KLR)
✦ Conviction and sentence quashed, appellant set at liberty