Kenyan case law
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JOYCE WAMBUI NDUNGU v TAWFIQ BUS SERVICES LTD & 2 others [2000] KEHC 78 (KLR)
✦ The court awards Shs.1,310,000 in total damages to the plaintiff, including Shs.1,200,000 for loss of dependancy, Shs.100,000 for loss of expectation of life, and Shs.10,000 for pain and suffering. The plaintiff is also awarded the costs of the suit and interest.
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JAMES GICHURU KIUNJURU & ANOTHER v MAINYO INVESTMENTS LIMITED [2000] KEHC 195 (KLR)
✦ The defendant is 100% liable for the accident and the Plaintiffs are awarded Shs.2,861,100 in total damages.
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WALTER GITAU v EAST AFRICAN BUILDING SOCIETY [2000] KEHC 256 (KLR)
✦ The consent order is upheld and the plaintiff's application for review is dismissed.
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ISAAC J. HUNJA v MICHAEL NDERITU GACHURU & ANOTHER [2000] KEHC 296 (KLR)
✦ The application is allowed with costs, and orders of injunction are granted until the determination of the suit or until further orders of the court.
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Spares & Industries Limited v Fina Bank Limited [2000] KEHC 560 (KLR)
✦ The power to appoint receivers had not become exercisable, and the appointment was made oppressively. A mandatory injunction is granted to remove the receivers.
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FRANCIS MAMAI MUNGAI vs REPUBLIC [2000] KEHC 220 (KLR)
✦ The appeal is dismissed in its entirety
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JACINTA NJURA GATHOGO vs MUGOYA CONSTRUCTION & ENGINEERING COMPNAY LTD [2000] KEHC 387 (KLR)
✦ The court dismissed the plaintiff's application for a review, finding that the judgment was not erroneous and that the plaintiff had an appeal pending.
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KENYA NATIONAL CAPITAL CORPORATION LTD v MARGARET WAIRIMU KABINU [2000] KEHC 473 (KLR)
✦ The defendant is truly and justly indebted to the plaintiff and the defendant's defence is a sham.
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KALIMA BAKERY LIMITED v THE KENYA POWER & LIGHTING CO. LTD [2000] KEHC 443 (KLR)
✦ A mandatory injunction shall issue in aid of the applicant.
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J. G. NJUGUNA vs JOHN GITAU [2000] KEHC 121 (KLR)
✦ The application is dismissed with costs for want of prosecution.
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J. K. NJAU-INI BUILDERS v KABIRU NG’ANGA [2000] KEHC 257 (KLR)
✦ The court dismissed the plaintiff's claim and upheld the defendant's counterclaim.
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WILSON IRUNGU WAMBUGU v MARGARET WAITHERA NGEERA [2000] KEHC 574 (KLR)
✦ The application is refused but the costs shall be in course.
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WANDIA KUMBI v LOCHAB TRANSPORTERS LTD [2000] KEHC 152 (KLR)
✦ The Plaintiff is awarded Shs.350,000 for General Damages, Shs.100,000 for Loss of Expectation of Life, Shs.5,000 for Pain and Suffering, and Shs.925 for Special Damages, totaling Shs.455,925.
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HOUSING FINANCE COMPANY OF KENYA LIMITED vs PALM HOMES LIMITED & 2 OTHERS [2000] KEHC 398 (KLR)
✦ The defense raises triable issues that cannot be resolved through summary judgment.
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METCHEM E A LTD v JOSEPH KARUGA KOINANGE [2000] KEHC 453 (KLR)
✦ The application to consolidate the two matters is misconceived and must be dismissed with costs.
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Stephen Koech & 4 others v Isaiah Yego [2000] KEHC 543 (KLR)
✦ The preliminary objection is upheld. The application together with the entire originating summons be and are hereby struck out with costs to the defendant/objector.
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MANAGEMENT HOUSE LIMITED v JOSEPH WANYOIKE MWENDIA [2000] KEHC 456 (KLR)
✦ The application for summary judgment is dismissed with costs.
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WILLIAM MAKUNDI vs REPUBLIC [2000] KEHC 414 (KLR)
✦ The appeal is dismissed as the sentence was found too low but not enhanced.
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GENERAL & RAPHAEL K. IMUTI v D.K. MATIVO & THE HON. ATTORNEY GENERAL & JOHN KOBIA MUKIIRA vs D.K. MATIVO & THE HON. ATTORNEY GENERAL [2000] KEHC 315 (KLR)
✦ The retirement of the plaintiffs was not wrongful, improper, and illegal as the procedural steps were in accordance with regulations 22(1), 26(1)(c), and 39.
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JOSEPH IRUNGU MUTURI vs REPUBLIC [2000] KEHC 411 (KLR)
✦ The appeal against both conviction and sentence is dismissed. The sentence is upheld.
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JEREMIAH NGUGI GAKUNJU & 4 OTHERS v CONSOLIDATED BANK FINANCE LIMITED [2000] KEHC 80 (KLR)
✦ The application is dismissed as the plaintiffs have no interest in the suit land and the property has been sold and transferred to two chargees.
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JOSEPH THUITA v DAVID KAHIU KIMANI & ANOTHER [2000] KEHC 289 (KLR)
✦ The court apportions blame between the plaintiff and defendant at 50% each and assesses damages accordingly.
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SULTAN HASHAM LALJI & 3 OTHERS v AHMED HASHAM LALJI & 4 OTHERS [2000] KEHC 502 (KLR)
✦ The plaintiffs' claims are struck out as they are not the proper parties to bring the suit due to their status as majority shareholders in the company.
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ESTHER NJOKI KINUTHIA vs THE CHAIRMAN,GATANGA LAND DISPUTE TRIBUNAL,THE SENIOR RESIDENT MAGISTRATE,THIKA & THE HON. ATTORNEY GENERAL [2000] KEHC 110 (KLR)
✦ The application is allowed. The award of the Gatanga Land Dispute Tribunal and the Order by the Senior Resident Magistrate, Thika are quashed.
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Geoffrey Njenga v Godfrey W Karuri & Another [2000] KEHC 82 (KLR)
✦ The court found no basis for granting the plaintiff's prayers (a) and (b) but ordered the second defendant to work out the sums due from either party based on guidelines. The plaintiff was ordered to bear half the costs of the counter-claim and the second defendant's disbursements with interest at court rates.