High Court of Kenya judgments

TULIP APARTMENTS LIMITED v SOUTHERN CREDIT BANKING CORPORATION LTD [2000] KEHC 180 (KLR)

✦ The application is refused with costs to the Bank.

[2000] KEHC 180 (KLR) High Court of Kenya

FIDELITY COMMERCIAL BANK LTD vs GRAHAMS SILCOCK & 3 OTHERS [2000] KEHC 392 (KLR)

✦ The Plaintiff has not proved any general damages and I do not award anything in this respect to the Plaintiff.

[2000] KEHC 392 (KLR) High Court of Kenya

Welcome Properties Limited v Reliance Bank Limited [2000] KEHC 466 (KLR)

✦ The defendant's application to set aside the arbitral award is dismissed, and the plaintiff's application to deposit the awarded sums is allowed.

[2000] KEHC 466 (KLR) High Court of Kenya

George Masaki Masereti v Victoria Commercial Bank Limited [2000] KEHC 457 (KLR)

✦ The applicant has not established a case for the grant of an interlocutory injunction and the application is dismissed with costs.

[2000] KEHC 457 (KLR) High Court of Kenya

IN RE THE ESTATE OF YUMBE HABIB (PATIENT) [2000] KEHC 47 (KLR)

✦ The court dismissed the application.

[2000] KEHC 47 (KLR) High Court of Kenya

Victoria Commercial Bank Ltd v Intra Africa Assurance Co Ltd [2000] KEHC 520 (KLR)

✦ The court finds the defendant's defense a sham and enters judgment in favor of the plaintiff for the sum of Kshs 77,452,000 plus interest from 2/4/1998 till payment in full.

[2000] KEHC 520 (KLR) High Court of Kenya

TREADSETTERS TYRES LIMITED v HERCULES TRANSPORT COMPANY LIMITED [2000] KEHC 275 (KLR)

✦ The court granted leave to the defendant to defend on condition that they deposit the claimed amount in court within 14 days, otherwise the plaintiff will be awarded judgment.

[2000] KEHC 275 (KLR) High Court of Kenya

ISABELLA WAITHERERO G. KANYI vs KENYA AIRWAYS & ANOTHER [2000] KEHC 318 (KLR)

✦ The court held that the deceased was 48 years old and awarded 7 years as a multiplier for loss of earning. The court awarded Ksh.96,000 in general damages and Ksh.920,000 in loss of dependency. The cost of the suit was awarded to the plaintiff.

[2000] KEHC 318 (KLR) High Court of Kenya

Solomon Saitoti v Republic [2000] KEHC 572 (KLR)

✦ The appeal is summarily rejected.

[2000] KEHC 572 (KLR) High Court of Kenya

TRIKUL INVESTMENTS LIMTIED vs ELIUD TIMOTY MWAMUNGA [2000] KEHC 204 (KLR)

✦ The application is allowed as prayed for in prayer one of the Originating Summons filed on 16.10.2000. The applicant will also be entitled to the costs of this application.

[2000] KEHC 204 (KLR) High Court of Kenya

JEREMIAH MWEMA MUINDI vs REPUBLIC [2000] KEHC 237 (KLR)

✦ The appeal is dismissed, and the appellant is set at liberty immediately with the term served deemed sufficient.

[2000] KEHC 237 (KLR) High Court of Kenya

Time Magazine International Limited & another v Michael Fanuel Rotich & another [2000] KEHC 523 (KLR)

✦ The court held that Rotich's use of the business name was fraudulent and ordered him to pay the balance due to Time Magazine International Limited.

[2000] KEHC 523 (KLR) High Court of Kenya

SYLVESTER GITHUA KARANJA v MAE PROPERTIES LIMITED [2000] KEHC 467 (KLR)

✦ The application is allowed and the suit is dismissed with costs for want of prosecution.

[2000] KEHC 467 (KLR) High Court of Kenya

THOMAS KADA DALU & another v REPUBLIC [2000] KEHC 249 (KLR)

✦ The court found the bail conditions unreasonable and ordered each applicant to be released on a bond of half a million shillings plus two sureties for each, pending the trial.

[2000] KEHC 249 (KLR) High Court of Kenya

HANNAH WAIRIMU vs WANJIRU MUCHIRI [2000] KEHC 423 (KLR)

✦ The court awarded damages of KShs.50,000 for special damages and KShs.150,000 for general damages, totaling KShs.200,000.

[2000] KEHC 423 (KLR) High Court of Kenya

JERIA M. NYACHAMA MOCHENGO v MATHEW MUCHIRI GITUTO & ANOTHER [2000] KEHC 287 (KLR)

✦ The court awards Sh.740,150/= to the Plaintiff for loss of dependency, loss of expectation of life, funeral expenses, and other special damages.

[2000] KEHC 287 (KLR) High Court of Kenya

JOHN MUTEMWA WAMBUA vs THE PRINCIPAL MAGISTRATE’S COURT KIBERA [2000] KEHC 118 (KLR)

✦ The application is dismissed as Wambua has not shown valid grounds for prohibiting the Magistrate from hearing or proceeding with the criminal case.

[2000] KEHC 118 (KLR) High Court of Kenya

NDEGWA KABOGO v CO-OPERATIVE MERCHANT BANK LTD & Another [2000] KEHC 70 (KLR)

✦ The plaintiff's claim is dismissed with costs, and the bank's counterclaim is entered in favor of the bank.

[2000] KEHC 70 (KLR) High Court of Kenya

Sum Model Industries Ltd v Industrial & Commercial Development Corporation [2000] KEHC 297 (KLR)

✦ The application for a stay of execution of the court's judgment is granted.

[2000] KEHC 297 (KLR) High Court of Kenya

UGANDA ELECTRICALS (K) v EXXADO PAINTS & ALLIED LIMITED [2000] KEHC 433 (KLR)

✦ The decree was fully approved by the debtor. The application is dismissed with costs to the defendant.

[2000] KEHC 433 (KLR) High Court of Kenya

HANNAH MUMBI KOMO v LEONARD NJOGU NJAU T/A KINYANJUI & NJAU ADVOCATES [2000] KEHC 199 (KLR)

✦ The Plaintiff has proved her case and is entitled to the balance of money, Shs.260,000.

[2000] KEHC 199 (KLR) High Court of Kenya

THERRY JEAN PRADEL vs REPUBLIC [2000] KEHC 240 (KLR)

✦ The sentence of 12 months imprisonment is affirmed, but a fine option of Kshs. 10,000/- is given in lieu of the imprisonment.

[2000] KEHC 240 (KLR) High Court of Kenya

FRANCIS ORIGO & ANOTHER v JACOB KUMALI MUNGALA [2000] KEHC 61 (KLR)

✦ The motion for review will be heard by one judge or commissioner of assize.

[2000] KEHC 61 (KLR) High Court of Kenya

KENFREIGHT (E.A) LIMITED v STAR EAST AFRICA CO. LIMITED [2000] KEHC 419 (KLR)

✦ The application to strike out the plaint is dismissed with costs.

[2000] KEHC 419 (KLR) High Court of Kenya

STEPHEN MURIMI KIBUCHI v A.M. SUNKAR [2000] KEHC 376 (KLR)

✦ The court dismissed the plaintiff's claim as not having been proved beyond a balance of probability.

[2000] KEHC 376 (KLR) High Court of Kenya

Kenyan case law