Kenyan case law

• JAMES THOGO MWAI vs GEORGE KARIO [2001] KEHC 56 (KLR)

  ✦ The purported sale of the property was illegal and null and void ab initio due to lack of Letters of Administration, and the application succeeds.

  [2001] KEHC 56 (KLR) High Court of Kenya 7 March 2001

• AHMED ABDALLA MAAWY vs SOUTHERN TRAVEL SERVICES LTD [2001] KEHC 798 (KLR)

  ✦ The lawyers who took over from the previous lawyers are properly before the court not withstanding that leave was not sought from the court.

  [2001] KEHC 798 (KLR) High Court of Kenya 7 March 2001

• C.F.C. BANK LTD. vs DR. BENJAMIN N. OONGE [2001] KEHC 608 (KLR)

  ✦ The court finds the defendant truly indebted to the plaintiff in the sum claimed and enters judgment for the plaintiff.

  [2001] KEHC 608 (KLR) High Court of Kenya 6 March 2001

• CONCORD INSURANCE COMPANY LTD vs H. YOUNG & COMPANY LTD [2001] KEHC 744 (KLR)

  ✦ The application for dismissal for want of prosecution is refused.

  [2001] KEHC 744 (KLR) High Court of Kenya 6 March 2001

• MALDIT SINGH & 4 OTHERS v H. S. MAHASAN [2001] KEHC 34 (KLR)

  ✦ The application to set aside the judgment is dismissed with costs to the plaintiff

  [2001] KEHC 34 (KLR) High Court of Kenya 6 March 2001

• ROBERT MACHARIA & OTHERS vs KABIRO KARANJA & OTHERS [2001] KEHC 148 (KLR)

  ✦ The application is dismissed with costs as it has no merit and amounts to abuse of the court process.

  [2001] KEHC 148 (KLR) High Court of Kenya 5 March 2001

• In Re: M’RIMBERIA M’TAMBURUKA [2001] KEHC 741 (KLR)

  ✦ Ruth Nduru is not entitled to a share of the deceased's estate as she is married to Gerald Kanugu and has children with him.

  [2001] KEHC 741 (KLR) High Court of Kenya 2 March 2001

• ONESMUS MUTUA LEVA vs KENYA POWER & LIGHTING CO.LTD. & GABRIEL MBINGA [2001] KEHC 444 (KLR)

  ✦ The court grants leave to appeal out of time

  [2001] KEHC 444 (KLR) High Court of Kenya 28 February 2001

• JANE WANGUI NJENGA vs ELDORET BUS SERVICES LTD [2001] KEHC 83 (KLR)

  ✦ The court finds the defendant liable for 100% of the accident and awards Ksh.700,000 in damages, with Ksh.100,000 for the widow and Ksh.300,000 for each of the two sons.

  [2001] KEHC 83 (KLR) High Court of Kenya 28 February 2001

• JANE WANGUI NJENGA vs ELDORET BUS SERVICES LTD. [2001] KEHC 643 (KLR)

  ✦ The defendants are liable for the accident at 100% and the plaintiff is awarded Ksh.700,000 in damages.

  [2001] KEHC 643 (KLR) High Court of Kenya 28 February 2001

• MWITHYA KITHU,KALOKI ITUTE,MASIKA KITHU & MICHAEL MUKOLYA vs LAND DISPUTE TRIBUNAL MACHAKOS [2001] KEHC 441 (KLR)

  ✦ The court is not inclined to grant the injunction as it is not satisfied that a prima facie case has been made out.

  [2001] KEHC 441 (KLR) High Court of Kenya 28 February 2001

• JOHNSON KARIMI vs KENYA TEA DEVELOPMENT AUTHORITY [2001] KEHC 498 (KLR)

  ✦ The Plaintiff's employment was not permanent until the age of 55, and was subject to termination on three months' notice. The Defendant was entitled to suspend the Plaintiff's employment as he was alleged to have committed an offence. The Plaintiff's services were properly terminated, and he has received all moneys due to him. The Plaintiff's claim is dismissed with costs to the Defendant.

  [2001] KEHC 498 (KLR) High Court of Kenya 27 February 2001

• JOHNSTONE F. W. WABWIRE vs REPUBLIC [2001] KEHC 355 (KLR)

  ✦ Conviction quashed and sentence set aside

  [2001] KEHC 355 (KLR) High Court of Kenya 27 February 2001

• JEMIMMAH WAMBUI NJOROGE vsPHILIP MWANGI [2001] KEHC 133 (KLR)

  ✦ The court finds the defendant liable for 100% of the accident and awards the plaintiff Ksh.180,000 in general damages.

  [2001] KEHC 133 (KLR) High Court of Kenya 27 February 2001

• CHARLES KIMUTAI KORIR & NELSON KIMUTAI ROTICH vs REPUBLIC [2001] KEHC 300 (KLR)

  ✦ The appeals are allowed. The convictions of the appellants are quashed and the sentence set aside.

  [2001] KEHC 300 (KLR) High Court of Kenya 26 February 2001

• RAMJI RATINA & COMPANY LTD. vs THE HON. ATTORNEY GENERAL [2001] KEHC 477 (KLR)

  ✦ The judgment is set aside due to the defendant's failure to make an appearance and the plaintiff's procedural errors.

  [2001] KEHC 477 (KLR) High Court of Kenya 23 February 2001

• ROSEMARY ANYANGO vs EAST AFRICAN BUILDING SOCIETY & HANNAH NJERI THUBE [2001] KEHC 607 (KLR)

  ✦ The application for injunction is dismissed with costs.

  [2001] KEHC 607 (KLR) High Court of Kenya 23 February 2001

• MESHACK ROY GALO vs REPUBLIC [2001] KEHC 367 (KLR)

  ✦ The sentence on each of the two counts is reduced to a period served. The appellant is ordered to be released forthwith.

  [2001] KEHC 367 (KLR) High Court of Kenya 22 February 2001

• LUSTER LIMITED vs NADHIA LIMITED & INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION [2001] KEHC 472 (KLR)

  ✦ The court allows the plaintiff to amend the plaint and grants the 2nd defendant the same right to amend its defence.

  [2001] KEHC 472 (KLR) High Court of Kenya 21 February 2001

• MARKFIRST KENYA LIMITED vs SANJU SHAH & KISHORE SHAH T/A MACINTOSH COLLECTIONS AND GIFTS [2001] KEHC 613 (KLR)

  ✦ Summary judgment is granted in favor of the plaintiff against the defendants jointly and severally.

  [2001] KEHC 613 (KLR) High Court of Kenya 21 February 2001

• KOBIL PETROLEUM LTD. vs INTEREACT LIMITED [2001] KEHC 695 (KLR)

  ✦ The application is dismissed with costs. The stay of execution granted on 19th December, 2000 is hereby lifted.

  [2001] KEHC 695 (KLR) High Court of Kenya 19 February 2001

• C. M. C. MOTOR GROUP vs GAREX KENYA LTD & ANOR [2001] KEHC 745 (KLR)

  ✦ The stay of execution was valid and the auctioneer's sale was not affected

  [2001] KEHC 745 (KLR) High Court of Kenya 19 February 2001

• DONALD MWASHIGANDI vs REPUBLIC [2001] KEHC 715 (KLR)

  ✦ The appellant's conviction under S.46 of the Traffic Act is affirmed, but the sentence of 9 months imprisonment is set aside and substituted with a fine of Sh.30,000 in default of 9 months imprisonment.

  [2001] KEHC 715 (KLR) High Court of Kenya 19 February 2001

• LEVI AGUNDABWENI vs APEX DISTRIBUTORS LIMITED & WILSON WISIWA MUDOGO [2001] KEHC 605 (KLR)

  ✦ The plaintiff's claim for special damages is dismissed except for the award of Shs.42,000.00, on which interest shall accrue at court rates until payment in full.

  [2001] KEHC 605 (KLR) High Court of Kenya 17 February 2001

• LTI-KISII SAFARI INNS LTD.,DR. CHARLES GEKONDE OTARA & DR. MRS. CHRISTA MARIANNE OTARA vs DEUTSCHE INVESTITIONS-UND ENTWICKLUNGSGELLSCHAFT,LTIHOTELBETEIGUNGS-UND INVESTITIONSGESELLSCHAFT MBH,COOPERS & LYBRAND TRUST CORPORATION,KEITH LAW GRANT SINCLAI [2001] KEHC 639 (KLR)

  ✦ The application for an injunction to restrain M/S Kaplan & Stratton Advocates (K & S) from continuing to act for the 1st to 5th defendants in this matter is granted.

  [2001] KEHC 639 (KLR) High Court of Kenya 16 February 2001