Kenyan case law
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JOSEPH MUCHUI MUIRURI V PETER KARIUKI MACHARIA & ANOTHER [2012] KEHC 827 (KLR)
✦ The application is dismissed ex-parte due to lack of service on the Respondents. The matter is stood over with leave to the applicant to take appropriate steps to advance it.
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CARINA INVESTMENTS LIMITED V NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) [2012] KEHC 441 (KLR)
✦ The suit is dismissed with costs to the defendant.
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A.G.R V ATTORNEY GENERAL & 2 OTHERS [2012] KEHC 516 (KLR)
✦ The court grants the application and allows the applicant 30 days to file and serve the claim upon the respondents.
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MOSES KOECH V RAEL LANGAT [2012] KEHC 832 (KLR)
✦ The court granted the application for an injunction.
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REPUBLIC v DIRECTOR OF PUBLIC PROSECUTIONS & 2 others Exparte PETER MULWA MBITHI [2012] KEHC 5530 (KLR)
✦ The consent order is unconstitutional and cannot be adopted by this court. The application succeeds.
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DANIEL KARURU MWAURA & 12 OTHERS V EDWARD KANJABI & ANOTHER [2012] KEHC 946 (KLR)
✦ The Court finds that the Plaintiffs have not established a contract with the Defendants and that there is no ad idem between the parties.
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JOSHUA MUMO KIOKO v REPUBLIC [2012] KEHC 581 (KLR)
✦ The conviction for indecent acts with a child is not minor to the charge of attempted defilement, and the appellant should have been charged with attempted defilement. The conviction is quashed, and the appellant is set at liberty.
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ELIZABETH OUMA V INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION [2012] KEHC 826 (KLR)
✦ The application is dismissed with costs.
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GREENVIEW LODGE LIMITED V HARIT SHETH t/a HARIT SHETH ADVOCATES & ANOTHER [2012] KEHC 972 (KLR)
✦ A temporary injunction was granted against the 2nd Defendant and the 1st Defendant.
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JOYCE WANGUI KAMAU V BARCLAYS BANK OF KENYA LIMITED [2012] KEHC 819 (KLR)
✦ The court granted the Plaintiff's application for an interlocutory injunction.
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PHILIP NJOROGE MACHARIA V REPUBLIC [2012] KEHC 310 (KLR)
✦ The conviction is confirmed. The appeal is dismissed.
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SILVERBIRD CINEMAS LTD (NIGERIA) V SILVERBIRD KENYA LTD & 2 OTHERS [2012] KEHC 620 (KLR)
✦ The Plaintiff's application to strike out the counterclaim and amend the Plaint is dismissed. The Defendants' application for security for costs is allowed, and the Plaintiff is ordered to deposit Kshs.3,000,000 in an interest-bearing account with KCB High Court Branch, Nairobi in the joint names of the Advocates for the parties.
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CONSOLIDATED BANK OF KENYA LTD V BARNABAS KARIUKI NG’ANG’A [2012] KEHC 828 (KLR)
✦ The court finds that the defendant has raised a prima facie triable issue and grants unconditional leave to defend.
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MIRAFLOWERS APARTMENTS LIMITED V CALEB AKWERA & ANOTHER [2012] KEHC 943 (KLR)
✦ The plaintiff is not entitled to prohibitive and mandatory injunctions
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MAUREEN CHEROTICH BETT V STEPHEN KAMITI WANGANGA [2012] KEHC 906 (KLR)
✦ The plaintiff's motion to set aside the dismissal order is dismissed due to unexplained delay and lack of merit.
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JOHN KINGARU GICHIRI & ANOTHER V FURCON LIMITED [2012] KEHC 916 (KLR)
✦ The court dismissed the applicants' motion to set aside the order of dismissal
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MURIU MUNGAI & CO v NEW KENYA CO-OPERATIVE CREAMERIES LIMITED [2012] KEHC 590 (KLR)
✦ The time limited for filing a Notice of Objection under paragraph 11(2) of the Advocates (Remuneration) Order is hereby enlarged for 14 days.
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KHALIF JARSO GWIY V MICHAEL JUMA GONDA [2012] KEHC 830 (KLR)
✦ The court granted the application to stay execution of the judgment and to grant leave to file an appeal out of time.
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RAMOKIA HOUSING CO-OPERATIVE SOCIETY LIMITED V GEORGE KURIA MWAURA & 2 OTHERS [2012] KEHC 929 (KLR)
✦ The Plaintiff's application is allowed, and the orders made on 6th December 2010 striking the application dated 11th October 2010 are set aside. The application dated 11th October 2010 shall proceed to be heard on merit.
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LUCY KIMATHI V MEENAXBEN GOPAL PATEL [2012] KEHC 677 (KLR)
✦ The application is struck out but with no order as to costs.
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REPUBLIC V REGISTRAR OF TRADEMARKS EX PARTE SONY HOLDINGS LIMITED [2012] KEHC 619 (KLR)
✦ The application is dismissed with costs to the Respondent and the Interested Party.
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DICK MAINA GITHAIGA V IDB CAPITAL LTD & ANOTHER [2012] KEHC 808 (KLR)
✦ The application for an interlocutory injunction is dismissed with costs.
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SANTOKH KAUR SAGOO V KENYA COMMERCIAL BANK & ANOTHER [2012] KEHC 453 (KLR)
✦ The suit is marked as abated with no orders as to costs
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NGWIRI KAMAU V MARGARET WAMBUI KENYATTA [2012] KEHC 437 (KLR)
✦ The Court grants the vesting orders for the properties as the Applicant is a beneficiary under the sale agreement, transfer, and trust deed.
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RAYMOND OTIENO V CHARLES OGOTI ARIGISI & ANOTHER [2012] KEHC 874 (KLR)
✦ The application is dismissed with no orders as to costs.