Kenyan case law
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JULIUS KAREMI THIGA v REPUBLIC [2009] KEHC 1270 (KLR)
✦ The conviction is upheld, and the sentences are directed to run concurrently.
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CHIMANLAL K. N. SHAH & 3 others v TRUST AGENCIES LIMITED & 2 others [2009] KEHC 1264 (KLR)
✦ The defendants' application is dismissed with costs.
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REPUBLIC v WILFRED OKWALO (Criminal Case 17 of 2005) [2009] KEHC 259 (KLR) (4 November 2009) (Sentence)
✦ The accused is hereby set free and shall be at liberty unless otherwise lawfully held.
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MOHAN DHARIWAL & 2 others v GEMINI PROPERTIES LIMITED & another [2009] KEHC 943 (KLR)
✦ The court granted injunctions against the 2nd Defendant to prevent any changes in user applications or development of the suit property pending the hearing of the case.
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REPUBLIC v MWEA LAND DISPUTES TRIBUNAL [2009] KEHC 932 (KLR)
✦ The award and decree are quashed as the Land Dispute Tribunals do not have jurisdiction to cancel or rectify Title Deeds.
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PAN AFRICA BANK LIMITED v JAMES NJAGI NJIRU [2009] KEHC 1123 (KLR)
✦ The application purportedly filed by K.H. Osmond & Co. Advocates is expunged.
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In Re Machrose Limited [2009] KEHC 920 (KLR)
✦ The court orders Machrose Limited to be wound up due to its inability to pay the creditor's debt.
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In Re First Lotto Limited [2009] KEHC 921 (KLR)
✦ The petition is allowed, and the company is wound up on account of its inability to pay its debts.
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PAN AFRICAN BANK LTD v HORATIUS DA GAMA ROSE [2009] KEHC 1257 (KLR)
✦ The court finds in favor of the plaintiff, awarding the sum of Kshs.52,457,085.75 to the plaintiff.
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REPUBLIC v GEOFFREY MONYI SENELWA [2009] KEHC 288 (KLR)
✦ The accused is set free and shall be at liberty unless otherwise lawfully held.
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MUNYI ALFRED v JAMES MACHARIA KARIUKI & another [2009] KEHC 1294 (KLR)
✦ The court finds that the applicant's claim for adverse possession is invalid as it was filed prematurely due to the land's registration date starting to run from 1998.
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PARKVIEW SHOPPING ARCADE LTD & 2 others v CITY COUNCIL OF NAIROBI [2009] KEHC 1262 (KLR)
✦ The court granted the application for an interlocutory injunction to restrain the defendant from interfering with the plaintiffs' car park and charging parking fees.
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LIVINGSTONE N. ORINA v JOSPEH A. NYABUYA [2009] KEHC 948 (KLR)
✦ The objection to the entire suit based on res judicata is not sustained, but the respondent is at liberty to pursue the argument.
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PAUL KARANJA KIARIE & another v REPUBLIC [2009] KEHC 1071 (KLR)
✦ The convictions are quashed and the appellants are ordered to be immediately released
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JOHN BARASA WEYA v DAUDI DADO NYABOLA [2009] KEHC 1275 (KLR)
✦ The court found the lower court's judgment was not supported by the evidence and in contravention of the provisions of the Land Control Act and the Law of Contract Act. The appeal is allowed, and the judgment of the lower court is set aside.
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ALICE WAMBURA NJAGI & another v ROBERT NJOKA & another [2009] KEHC 1283 (KLR)
✦ The notice of motion is allowed, and the Deputy Registrar's orders are declared illegal, irregular, and void ab initio.
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JULIUS KAREMI THIGA v REPUBLIC [2009] KEHC 1268 (KLR)
✦ The conviction for causing death by dangerous driving is upheld, and the sentences are directed to run concurrently.
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BEATRICE MBHBAMBA ONYONKA & another v JOHN BONSCO MBOGA & 6 others [2009] KEHC 333 (KLR)
✦ The court grants the plaintiffs leave to amend their papers and pleadings to include necessary defendants and enjoin them from interfering with the land until the suit is heard and finalized.
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MATUNDA ESTATE LIMITED v EVG-THREE CONSTRUCTIONS SYSTEMS LIMITED & another [2009] KEHC 1263 (KLR)
✦ Application for leave to amend pleadings is dismissed with costs.
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MELOKI OLE NCHORRAI v APOLLO TOURS & TRAVEL LIMITED [2009] KEHC 1218 (KLR)
✦ The appeal is allowed, the judgment of the lower court is set aside, and a new judgment is substituted with the appellant awarded general damages of Kshs.130,000/=, subject to contribution of 30%. Interest on the judgment sum and costs are awarded.
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SAMSON NGUGI ICHUNGWA T/A GRENAIR v NATIONAL INDUSTRIAL CREDIT BANK LTD [2009] KEHC 1005 (KLR)
✦ The court dismissed the plaintiff's application for an interlocutory injunction, holding that the plaintiff failed to establish a prima facie case to entitle the court to grant the injunction.
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JOSEPH N. KIPRUTOR ARAP NG’OK v EABS BANK LTD [2009] KEHC 1260 (KLR)
✦ The court finds the auction of the suit premises to be illegal and issues a temporary injunction restraining the defendant bank from selling the premises.
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MONICA MORAA MENGE v SAMWEL BOSIRE [2009] KEHC 857 (KLR)
✦ The application lacks merit and is dismissed with costs.
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JONATHAN WABALA & another v ROSE AWINJA WAFULA [2009] KEHC 1269 (KLR)
✦ Application dismissed as it has no merit.
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AKAMBA BUS SERVICES LTD v EMILY CAROLINE BARASA & STEPHEN KIMANI MUIRURI (Civil Appeal 45 of 2005) [2009] KEHC 1274 (KLR) (3 November 2009) (Judgment)
✦ The appeal is allowed. The finding on liability is quashed and the awards of general and special damages set aside.