Kenyan case law

• PETER NGANGA MUIRURI v CREDIT (K) LIMITED (Civil Case 3665 of 1991) [2001] KEHC 17 (KLR) (3 February 2001) (Ruling)

  ✦ The court dismisses the application with costs to the defendant, finding no merit in the application and that the plaintiff cannot expect the defendant to pay for any deficit based on the delay in opening the account.

  [2001] KEHC 17 (KLR) High Court of Kenya 3 February 2001

• PETER NGANGA MUIRURI vs CREDIT (K) LIMITED [2001] KEHC 145 (KLR)

  ✦ The court dismisses the application with costs to the defendant, finding no merit in the application and that the plaintiff cannot expect the defendant to pay for any deficit based on the delay in opening the account.

  [2001] KEHC 145 (KLR) High Court of Kenya 3 February 2001

• CHARLES N. MBAKA & 32 OTHERS vs PEARL DRY CLEANERS LTD [2001] KEHC 107 (KLR)

  ✦ Application is dismissed with costs

  [2001] KEHC 107 (KLR) High Court of Kenya 2 February 2001

• TETRA PAK LIMITED vs NDERITU WACHIRA T/A NDERITU WACHIRA & CO. ACCOUNTANTS [2001] KEHC 869 (KLR)

  ✦ The errors and defects in the plaint can be cured by the proposed amendment, and striking out is not an appropriate remedy.

  [2001] KEHC 869 (KLR) High Court of Kenya 1 February 2001

• RAPHAEL OLOO vs INDUSTRIAL PLANT (E.A.) LTD [2001] KEHC 144 (KLR)

  ✦ The defendant is held wholly liable for the accident and the consequent injuries, pain, and suffering.

  [2001] KEHC 144 (KLR) High Court of Kenya 31 January 2001

• PETER NGANGA MUIRURI vs CREDIT KENYA LTD. & 5 OTHERS [2001] KEHC 747 (KLR)

  ✦ The court allows the applicant to amend the application but requires it to be filed within 7 days

  [2001] KEHC 747 (KLR) High Court of Kenya 31 January 2001

• MICHAEL GACHARA & 13 OTHERS vs COUNTY COUNCIL OF NAROK [2001] KEHC 692 (KLR)

  ✦ The court sets aside the order of dismissal and reinstates the suit on condition that the plaintiffs pay the costs of the application and the thrown away costs.

  [2001] KEHC 692 (KLR) High Court of Kenya 31 January 2001

• KENYA NATIONAL CAPITAL CORPORATION LTD vs ROSE N. MUIA & MARGARET M. NGUI [2001] KEHC 143 (KLR)

  ✦ The application against the 1st Defendant fails with costs, and the application against the 2nd Defendant is allowed with costs.

  [2001] KEHC 143 (KLR) High Court of Kenya 31 January 2001

• CHANDRAKANT PREMCHAND DODHIA vs FRANCIS NGATIA THEURI,THE REGISTRAR OF TITLES & ALIMA MOHAMMED KHANOON [2001] KEHC 146 (KLR)

  ✦ The transfer was fraudulent and the 1st and 3rd Respondents were parties to the fraud. The court finds in favor of the applicant and orders the cancellation of the transfer and reinstatement of Nathoo Gospar Dodhia's ownership.

  [2001] KEHC 146 (KLR) High Court of Kenya 31 January 2001

• Pattni & another v Republic [2001] KEHC 833 (KLR)

  ✦ The applications have no merit and are dismissed with costs to the respondent.

  [2001] KEHC 833 (KLR) High Court of Kenya 31 January 2001

• MORRIS GUCHURA NJAGE vs NATIONAL BANK OF KENYA LTD & KENYA NATIONAL CORPORATION LTD,DAMARIS WANYAGA KIRAGU & JAMES F. K. NGANGA (? 1694 of 1999) [2001] KEHC 427 (KLR) (30 January 2001)

  ✦ The application is improperly filed and is hereby dismissed.

  [2001] KEHC 427 (KLR) High Court of Kenya 30 January 2001

• SALIM KAZUNGU vs KENYA PORTS AUTHORITY [2001] KEHC 707 (KLR)

  ✦ Pleadings filed by non-qualified advocate are null and void. Stay of execution pending appeal granted subject to payment of Kshs.2,000,000 by Plaintiff.

  [2001] KEHC 707 (KLR) High Court of Kenya 30 January 2001

• SAMUEL MWANGI GATATE vs REPUBLIC [2001] KEHC 717 (KLR)

  ✦ The sentence on each of the four counts is reduced to one year's imprisonment to run concurrently.

  [2001] KEHC 717 (KLR) High Court of Kenya 29 January 2001

• P M v F M M [2001] KEHC 140 (KLR)

  ✦ The petition as filed is incompetent and is therefore struck out with costs.

  [2001] KEHC 140 (KLR) High Court of Kenya 29 January 2001

• DORCAS AYIETA AMUNGA vs JOHALI BAYA SALIM & ANOTHER [2001] KEHC 138 (KLR)

  ✦ The court awarded general damages of Kshs. 550,000, including Kshs. 20,000 for pain and suffering, Kshs. 50,000 for loss of expectancy of life, and Kshs. 480,000 for loss of dependency.

  [2001] KEHC 138 (KLR) High Court of Kenya 29 January 2001

• RIAKANAU FARMERS CO-OP. SOCIETY LIMITED vs THE MINISTER FOR LANDS & SETTLEMENT & THE COMMISSIONER OF LANDS [2001] KEHC 127 (KLR)

  ✦ Order of prohibition against the Minister is granted, and order of mandamus is issued against the Commissioner

  [2001] KEHC 127 (KLR) High Court of Kenya 29 January 2001

• KENYA REINSURANCE CORPORATION vs JOHN MURIUKI KIBUCHI & ANOTHER [2001] KEHC 782 (KLR)

  ✦ The notice of preliminary objection is dismissed with costs.

  [2001] KEHC 782 (KLR) High Court of Kenya 29 January 2001

• AMIRJI SINGH vs IN THE MATTER OF THE BOARD OF POST GRADUATE STUDIES KENYATTA UNIVERSITY [2001] KEHC 106 (KLR)

  ✦ The application is dismissed with costs.

  [2001] KEHC 106 (KLR) High Court of Kenya 29 January 2001

• DOUGLAS D. WATSON vs KENYA COLD STORAGE (FOODS) LTD. & KENYA COMMERCIAL BANK LTD [2001] KEHC 652 (KLR)

  ✦ The objector's application is misconceived and cannot succeed. It is dismissed with costs.

  [2001] KEHC 652 (KLR) High Court of Kenya 26 January 2001

• STANDARD CHARTERED BANK KENYA LTD vs UNITED COREBOARD PRODUCTS LTD.,KUNVARJI SHIVJI VARSANI,SHAMJI SHIVJI VARSANI & DR. NARAN SHIVJI VARSANI [2001] KEHC 496 (KLR)

  ✦ The application is dismissed but without any order as to costs.

  [2001] KEHC 496 (KLR) High Court of Kenya 26 January 2001

• David Ngunje Mwangi v Chairman of the Board of Governors of Njiri High School [2001] KEHC 180 (KLR)

  ✦ The court awarded Ksh. 10,000 for pain and suffering, Ksh. 60,000 for loss of expectation of life, Ksh. 1,680,000 for lost years, and Ksh. 14,000 for special damages, totaling Ksh. 1,764,000.

  [2001] KEHC 180 (KLR) High Court of Kenya 25 January 2001

• MOEZ INVESTMENTS LIMITED vs GUARDIAN BANK LIMITED & FIRST NATIONAL FINANCE BANK LTD) [2001] KEHC 640 (KLR)

  ✦ The application for the review of the order made on 27.10.2000 is dismissed with costs.

  [2001] KEHC 640 (KLR) High Court of Kenya 25 January 2001

• In re Estate of Warui (Deceased) [2001] KEHC 811 (KLR)

  ✦ The grant should not be revoked and the summons is dismissed with costs to the respondents.

  [2001] KEHC 811 (KLR) High Court of Kenya 25 January 2001

• JOHN NJIRU MASKALI vs REPUBLIC [2001] KEHC 368 (KLR)

  ✦ The conviction for robbery is substituted, and the death sentence is set aside. The appellant is sentenced to 4 years imprisonment with effect from 29-9-98 plus 3 strokes.

  [2001] KEHC 368 (KLR) High Court of Kenya 25 January 2001

• KENYA COMMERCIAL BANK LTD vs ROBERT MUREITHI GITHINJI [2001] KEHC 489 (KLR)

  ✦ The defendant is found to owe the plaintiff Kshs.228,542.30 as of July 30, 1987, including interest. The defendant is not entitled to recover the full amount but is entitled to deduct Kshs.43,000 and Kshs.26,950.75 from the principal sum.

  [2001] KEHC 489 (KLR) High Court of Kenya 24 January 2001