Kenyan case law
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GEORGE MONTET v FREDRICK KOKAI KUSERO [2000] KEHC 340 (KLR)
✦ The court entered a judgment in favor of the plaintiff for 90% of the liability, with the plaintiff bearing 10%.
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In re the Estate of Aggrey Makanga Wamira (Deceased) [2000] KEHC 534 (KLR)
✦ The court finds no merit in Yakobo's objection and dismisses it. Hellen is allowed to administer the estate as a joint administrator with her daughter Gladys.
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THRIFT HOMES LIMITED v KAYS INVESTMENTS LIMITED [2000] KEHC 497 (KLR)
✦ The application is dismissed with costs to the plaintiff
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SHIELD HIRE PURCHASE LIMITED vs SURGILINKS LIMITED [2000] KEHC 139 (KLR)
✦ Judgment is entered in favor of the plaintiff against the defendant
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STEPHEN MBONDOLA & 3 OTHERS v REPUBLIC [2000] KEHC 59 (KLR)
✦ The convictions and sentence against the 1st, 2nd, and 3rd appellants are upheld. The conviction and sentence against the 4th appellant are quashed and sentence set aside on both counts.
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Investment and Mortgages Bank Ltd v Nakumatt Investments Limited & 2 others [2000] KEHC 455 (KLR)
✦ The two applications filed by the 2nd and 3rd defendants are dismissed. The signed and dated plaint is valid, and the summons served on the defendants are declared invalid and of no effect.
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SHEM KIMAIGA MORYAS vs REPUBLIC [2000] KEHC 238 (KLR)
✦ The conviction and sentence are upheld, with the sentence reduced to 5 years imprisonment and a fine of Kshs.500,000/- or 1 year in default.
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SAMWEL KABI & ANOTHER v WILLIAM NJAU KAMAU & ANOTHER [2000] KEHC 409 (KLR)
✦ Judgment for the plaintiff for Shs.2,658,440 including general damages, loss of expectation of life, and special damages.
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JOSEPH KIKONGO MADOLIO v CHARLES PETER MUGO & ANOTHER [2000] KEHC 347 (KLR)
✦ The court finds the defendant caused the accident and awards general damages for pain and suffering and loss of expectation of life.
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Hemedi Ameri & 9 others v Republic [2000] KEHC 525 (KLR)
✦ The convictions of 8 crewmen are quashed and they are set free. The convictions of the two captains are upheld and their sentences are confirmed. The owner of the ship and the Indian are recommended for prosecution.
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SAMUEL KIPLANGAT v PETER ONDARI OMAYA [2000] KEHC 178 (KLR)
✦ Judgment for the Plaintiff in the amount of Kshs.601,600, including General Damages of Kshs.600,000 and Special Damages of Kshs.1,600.
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SAMUEL MUGO KARANJA v CHIRIRO NDEREBA NJIRI [2000] KEHC 375 (KLR)
✦ The court finds in favor of the Plaintiff, granting the order for adverse possession and dismissing the Defendant's suit.
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SAMUEL KIPLANGAT v PETER ONDARI OMAYA [2000] KEHC 86 (KLR)
✦ Judgment for the Plaintiff in the amount of Kshs.601,600, including General Damages of Kshs.600,000 and Special Damages of Kshs.1,600.
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FUELEX KENYA LIMITED v SEED GROUP LIMITED [2000] KEHC 138 (KLR)
✦ The court finds the claim proved on a balance of probability and enters judgment in favor of the plaintiff for U.S. dollars 399,572.43.
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GEMICIES INTERNATIONAL LIMITED V EPHAPHARUS WAWERU MUTHOKO & 4 OTHERS [2000] KEHC 478 (KLR)
✦ Application dismissed with costs
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HARUN EGADWA v FARMERS CHOICE LIMITED [2000] KEHC 305 (KLR)
✦ The application is dismissed with costs to the plaintiff/respondent as it is an appeal rather than a review.
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Francis Nganga Munida v Equity Building Society [2000] KEHC 446 (KLR)
✦ The sale by auction is declared null and void
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GEOFFREY NJENGA v GODFFEY W. KARURI & ANOTHER [2000] KEHC 136 (KLR)
✦ The instrument is a valid document between the plaintiff and the 2nd defendant. The 1st defendant was improperly joined as a defendant. The plaintiff is entitled to 3 months salary in lieu of notice and other benefits, but the amounts due will be reduced by the car loan and insurance premium.
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PETER MWANGI KANENE v BERNARD K. NJENGA [2000] KEHC 322 (KLR)
✦ Interlocutory judgment entered against the defendant for failure to enter appearance; judgment for the plaintiff on quantum of damages.
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ESTHER WAMBUI NDERITU v FRANCIS GITHINJI & ANOTHER [2000] KEHC 269 (KLR)
✦ The court awarded Ksh.20,000/- in general damages for pain and suffering, and no special damages.
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Trust Bank Limited v Pangani Service Station Limited & 4 others [2000] KEHC 550 (KLR)
✦ Summary judgment granted in favor of the plaintiff
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SAVINGS & LOAN KENYA LTD. v MARY WAHITO MBUGUA [2000] KEHC 264 (KLR)
✦ The court granted a stay of execution pending the hearing of the court of appeal decision. If no appeal has been filed or no action taken on this file with the court of appeal after 6 months, the stay orders lapse.
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JANI INVESTMENTS LIMITED v MAVALS KENYA LIMITED [2000] KEHC 429 (KLR)
✦ The court found that the relationship was a registered lease and not a monthly tenancy, thus rejecting the defendant's defense and entering judgment in favor of the plaintiff.
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JAMES MASIGA WANDWASI vs REPUBLIC [2000] KEHC 573 (KLR)
✦ The conviction is upheld, and the prison sentence is reduced to a period served.
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HOUSING FINANCE COMPANY OF KENYA LIMITED V GITUTHO ASSOCIATES [2000] KEHC 137 (KLR)
✦ The court extended the time for bringing the new application in court in accordance with the Arbitration Act.