Kenyan case law
-
JOSHUA MAGEMBE OICHOE v REPUBLIC [2008] KEHC 981 (KLR)
✦ The charge against the Appellant was not proved, and the conviction and sentence are quashed. The Appellant is set free.
-
CHEMAGRO LIMITED & 2 others v NATIONAL BANK OF KENYA [2008] KEHC 1190 (KLR)
✦ The Plaintiffs' application is dismissed in its entirety with costs to the Defendant.
-
MAINA KAGOMBE v SAVINGS & LOAN KENYA LIMITED [2008] KEHC 1198 (KLR)
✦ The Plaintiff's claim for compensation and interest is dismissed. The Defendant's right to sell the property is upheld.
-
COMMERCE BANK LIMITED v KUKOPESHA LIMITED [2008] KEHC 1200 (KLR)
✦ The Plaintiff failed to prove its case and the Defendant was not liable to pay.
-
RAYSHIAN APPARELS LIMITED v P.N. MASHRU TRANSPORTERS LIMITED [2008] KEHC 1373 (KLR)
✦ The exemption clause in the contract cannot inure to the benefit of the Defendant and reduce its liability to the Plaintiff.
-
AFRICAN SAFARIS CLUB v KOIKAI OLOITIPTIP & 2 others [2008] KEHC 1186 (KLR)
✦ The application by the defendants to release funds to the Plaintiff is refused and struck out.
-
KENAFRIC DIARIES LIMITED v ADVERTISING COMPANY LTD [2008] KEHC 1191 (KLR)
✦ The application is dismissed with costs to the Plaintiff
-
CHARLES NDUNGU WANYOIKE v ASHE KHALOON W/O MOHAMED SADIQ [2008] KEHC 1386 (KLR)
✦ The plaintiff has acquired title by adverse possession and is hereby declared the sole proprietor of the land parcel LR No 209/3775 in place of the defendant Ashe Khaloon w/o Mohamed Sadiq
-
KORNELIUS KWEYA EBICHET v C & P SHOE INDUSTRIES LTD [2008] KEHC 306 (KLR)
✦ The Plaintiff is awarded Kshs.1,138,488.00 plus costs and interest at court rates.
-
ANDREW MUYUA KARANJA v EMILIO WANDERI KAHIGA [2008] KEHC 1388 (KLR)
✦ The suit is dismissed as the Defendant did not file a replying affidavit to the originating summons, and there is no evidence of proper service.
-
SAMURA ENGINEERING LTD T/A SAMURA COMMUNICATIONS v JACK & JILL SUPERMARKET LTD [2008] KEHC 1234 (KLR)
✦ The Defendant's letters were not defamatory, and the Plaintiff had no right to remove the expansion card without informing the Defendant.
-
PAUL MURATHIMI WAIGURU v REPUBLIC [2008] KEHC 979 (KLR)
✦ The appeal is dismissed. The five years imprisonment is upheld. The disqualification period is reduced to three years from the date of the appellant's release from prison.
-
EPCO BUILDERS LIMITED v GEOMAPS AFRICA LIMITED [2008] KEHC 1195 (KLR)
✦ The judgment in default of defense was premature and irregular, and the application is allowed. The final judgment is set aside, and the Defendant is granted unconditional leave to defend the suit.
-
ALFRED NDERITU & another v STANDARD LIMITED & another [2008] KEHC 1435 (KLR)
✦ The Plaintiffs' suit is hereby dismissed with costs to the Defendants for want of prosecution.
-
B2 YATTA RANCHING CO-OPERATIVE SOCIETY LTD v COUNTY COUNCIL OF KITUI & 6 others [2008] KEHC 1189 (KLR)
✦ The court allows the application to join the intended defendants as necessary parties.
-
DWA ESTATE LIMITED v EUNICE TAABU MAKAU [2008] KEHC 1289 (KLR)
✦ The Appellant's judgment on liability is set aside, and the suit is dismissed with costs
-
BUDS & BLOOMS LIMITED v JAMES SAWAMI SIKINGA [2008] KEHC 1064 (KLR)
✦ The appeal is allowed with costs to the Appellant, and the Respondent was not in the Appellant's employment on or around August 6, 2001.
-
REPUBLIC v NDIKIRA MVUMBA KIZUNDU & another [2008] KEHC 1119 (KLR)
✦ The court dismisses the preliminary objection and places the accused on their defence, excusing the delay due to reasonable and acceptable reasons.
-
JOSEPH SWAKA & MERITA v REPUBLIC [2008] KEHC 3810 (KLR)
✦ Affirming the conviction and sentence of the Senior Resident Magistrate.
-
RTD COL JOHNSON KIRIRA WACHIRA v CMC MOTORS GROUP LIMITED [2008] KEHC 700 (KLR)
✦ The appellant's claims for an order of mandatory injunction and damages fail.
-
CLARA ONDISO OTANGA v CO-OPERATIVE BANK OF KENYA [2008] KEHC 1220 (KLR)
✦ An order of stay of execution pending appeal against the decree in SPMCC No.1426 of 2006 (Milimani) shall issue on the following conditions: the applicant shall deposit the full decretal amount into court within 15 days from the date hereof, file and serve a record of appeal within 90 days from the date hereof, take all necessary action to facilitate the speedy disposal of the appeal, and costs of the application shall be in the appeal.
-
JOSEPH MWANGI IRUNGU v GEOFFREY MWANGI WACHIRA [2008] KEHC 693 (KLR)
✦ The plaintiff's application for committal to prison is dismissed with costs to the defendant due to failure to follow the required procedural steps.
-
TIMSALES LTD v MOSES MBURU [2008] KEHC 1062 (KLR)
✦ The Respondent's claim is dismissed with costs.
-
JOHN NANDUKULE OMUKUBA v NIMESH P. SHAH BHIMJI [2008] KEHC 695 (KLR)
✦ The plaintiff's claim is dismissed for non-attendance with costs to the defendant. The defendant is awarded Kshs.350,000/- for general damages, Kshs.153,582/- for special damages, and costs of the counter claim.
-
In Re The Estate of Gaitugi (Deceased) [2008] KEHC 118 (KLR)
✦ The Will is declared invalid, and the estate will be distributed according to Section 40 of the Law of Succession Act.