Kenyan case law
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NAIROBI PROJECTORS SERVICES LIMITED v PATRICIA KABULEETA & another [2006] KEHC 857 (KLR)
✦ The court dismisses the application with costs to the Plaintiff/Respondent, holding that the Kenyan court has jurisdiction to hear the case.
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Moses Kipkurui Korir & Jimmy Joshi Ramdas v Alexander Kiplangat Kiget [2006] KEHC 783 (KLR)
✦ Application dismissed with costs
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CHARLES MATHEKA MULONZA v REPUBLIC [2006] KEHC 970 (KLR)
✦ The conviction is quashed and the sentence set aside due to the unqualified prosecution and the trial process not complying with the mandatory provisions of the Criminal Procedure Code. A retrial is not ordered due to prejudice to the appellant.
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SAITOTI MOLEIL v REPUBLIC [2006] KEHC 983 (KLR)
✦ The conviction and sentence are annulled, and the Appellant is released from prison.
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CO-OPERATIVE BANK OF KENYA LIMITED v JANE WAMBUI WANJEGE [2006] KEHC 942 (KLR)
✦ The application is dismissed with no orders as to costs.
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JOYCE KAMENE KINYUA v JOSEPH KINYUA GICHINGA [2006] KEHC 577 (KLR)
✦ The court declares that the property in Kibera Ayany Estate, NAIROBI/BLOCK 62/452, is jointly owned in equal shares by the petitioner and the respondent.
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NATIONAL HOUSING CORPORATION v TOM ODOYO T/A EQUITY (E.A) INVESTIGATIONS [2006] KEHC 839 (KLR)
✦ The application for a stay of execution is allowed, but only on condition that NHC pays Odoyo half of the taxed amount, K.Shs.1,201,158/25, within 14 days, and provides a bankers guarantee for the balance.
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MOHAMMED ELTAFF & 3 others v DREAM CAMP KENYA LIMITED [2006] KEHC 3388 (KLR)
✦ The defendant's application for a review of the taxation of costs is granted.
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CHEBALUNGU KONGASIS TRADING CO v LIVINGSTONE MILGO [2006] KEHC 824 (KLR)
✦ The court adopts the 1981 judgment and issues a vesting order declaring the plaintiff as the owner of the land. There will be no orders as to costs.
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JOSEPH KAMAU GITAU v REPUBLIC [2006] KEHC 985 (KLR)
✦ Allow the Appeal, quash all the convictions recorded against the Appellant, set aside the sentences imposed on him and order that he shall be released from prison forthwith unless he is held for some other lawful cause.
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JAELYN LUKAI OPUNGA & 358 OTHERS v NATIONAL HOUSING CORPORATION & another [2006] KEHC 908 (KLR)
✦ The court declines to order the review of the orders made on 31st July 2006 and dismisses the Notice of Motion with costs to the defendants.
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JOSEPHINE KERUBO ONDIEKI v OAKDALE COMMODITIES LTD [2006] KEHC 999 (KLR)
✦ The application is dismissed with costs to the plaintiff and in favor of the defendant.
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RUTH TIPIS v WILDERNESS LODGES LIMITED & 2 others [2006] KEHC 890 (KLR)
✦ The court ordered the defendants to re-open the plaintiff's premises and grant her access, and to pay special damages for the loss of goods and reconstruction costs.
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MONTANA (K) LIMITED v ANTHONY MAINA KARA & 2 others [2006] KEHC 941 (KLR)
✦ The court grants the Plaintiff's application for an ANTON PILLER order to preserve material evidence necessary to prove the Plaintiff's case.
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NATIONAL BANK OF KENYA LIMITED V PETER KIPKOECH KORAT & JOSEPH SERONEI [2006] KEHC 840 (KLR)
✦ The court grants summary judgment in favor of the plaintiff for the sum of K.Shs. 2,590,499.85 and interest at the rate of 32% per annum from 23/10/1996 till payment in full, against Peter Korat and Joseph Seronei jointly and severally.
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PATRICK MURERWA MBUI v ATTORNEY GENERAL [2006] KEHC 805 (KLR)
✦ The court dismissed the plaintiff's claim and granted the defendant's challenge to the limitation period.
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JAMINE OWALA MAGOWI v REPUBLIC [2006] KEHC 971 (KLR)
✦ The learned trial magistrate came to the right conclusion. The prosecution proved its case against Owala in both counts of stealing the cheque leafs as charged in counts 1 and 2. The conviction entered was safe and should not be disturbed.
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REPUBLIC v JOSEPH CHERUIYOT MELI & 3 others [2006] KEHC 792 (KLR)
✦ The 1st accused is found guilty of murder, and the 2nd, 3rd, and 4th accused persons are found not guilty.
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JOSEPH OLOLCHOKI v ANATASIA SELEMPO & another [2006] KEHC 776 (KLR)
✦ The applicant's Notice of Motion dated 23rd October 2006 is dismissed with costs to the respondent due to inordinate delay and lack of arguable appeal.
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Ben Maina Mwangi v Republic [2006] KEHC 974 (KLR)
✦ The Appellant is allowed to prosecute his appeal. The conviction and sentence are quashed. The Appellant is set free and the proceedings are declared a nullity.
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MILDRED KARAGA v REPUBLIC [2006] KEHC 973 (KLR)
✦ The plea of guilty was found to be equivocal and the conviction and sentence are set aside. A retrial is ordered.
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JENNIFER ATIENO ODUOL v REPUBLIC [2006] KEHC 951 (KLR)
✦ The application for bail is refused and dismissed
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DAVID PIUS MUGAMBI & OTHERS v K.L.M. ROYAL AIRLINES & ANOTHER [2006] KEHC 953 (KLR)
✦ The application to extend time to appeal is dismissed with costs to the respondent and against the applicant.
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KEN-KNIT (K) LTD v TIMOTHY SANGALE IMILE [2006] KEHC 925 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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JOHN KISIGWA LUSESO & another v KENYA COMMERCIAL BANK LIMITED & 2 others [2006] KEHC 891 (KLR)
✦ The court found that the plaintiffs' claim for an injunction against the defendants is not res judicata and dismissed the application. The court also found that the plaintiffs' claim for a declaration that the charge document is null and void and of no effect is valid.