Kenyan case law
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JOSEPH NGOMBIA KIBARA v JOYCE WANJA NJOGU & another [2009] KEHC 890 (KLR)
✦ The application is struck out
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LIVINGSTONE OUYA v JOHNSTONE APIYO AMAKOYE & another [2009] KEHC 1267 (KLR)
✦ The tribunal had no jurisdiction to hear the dispute regarding the land ownership, and the tribunal's decision is void ab initio.
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JOHN NJAU NJUGUNA v RAMESH L. LADHAR SHAH [2009] KEHC 1247 (KLR)
✦ The decree is amended and rectified to reflect the terms of the 1999 judgment
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REPUBLIC v KIPINDON LAND DISPUTES TRIBUNAL & another Ex-parte PARSEYO OLE KITIAPAS [2009] KEHC 990 (KLR)
✦ The court allows the application and quashes the proceedings and decision of the 1st respondent.
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NYAMBARORA KERANDI v NDEGE AMISI [2009] KEHC 982 (KLR)
✦ The plaintiff's suit is statute-barred and is therefore struck out with costs.
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DAVID MILLER & 2 others v WILFRED MORIASI OMBUI [2009] KEHC 4188 (KLR)
✦ The application is allowed with a rider that any such meeting should be on agreed ground rules. Costs to follow the event.
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BELDINA MOKAYA v ROBERT OMBASO NYARERU & another [2009] KEHC 761 (KLR)
✦ The application to amend pleadings and bring a counterclaim is dismissed with costs as it is an abuse of the process of the court.
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REPUBLIC v KAJOLE ANGORE [2009] KEHC 1335 (KLR)
✦ The court cannot proceed with the case under provisions of section 200(3) Criminal Procedure Code and directs that the case proceed to defence hearing based on the charge sheet that had been relied on at the close of prosecution case.
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BENARD KEBINI OGARO & another v REPUBLIC [2009] KEHC 977 (KLR)
✦ The conviction is quashed and the appellants are set free
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JOB MOSOMI KENYANYA & another v REPUBLIC [2009] KEHC 725 (KLR)
✦ The convictions are quashed and the sentence set aside. The appellants are ordered to be set at liberty.
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PETRO OGERO OWAKA v SILVANUS RAPEMO OBONGO [2009] KEHC 1198 (KLR)
✦ The court confirms the boundary as determined by the Land Adjudication and confirmed by the appeal to the Minister, and orders the Land Registrar and Surveyor to plant the boundary in accordance with the report dated 30th November, 2006.
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ONGOTO & CO. ADVOCATES v KENYA POWER & LIGHTING CO. LTD [2009] KEHC 1165 (KLR)
✦ The court dismisses the application and finds no merit in it, upholding the taxing officer's decision.
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M’ITIMITU M’MWITHIRWA v DIOCESE OF MERU & ANOTHER [2009] KEHC 1289 (KLR)
✦ The plaintiff's claim is dismissed with costs, and the 2nd defendant's counterclaim succeeds with costs awarded to the 2nd defendant. The plaintiff is ordered to give vacant possession of the land within 30 days, and if not, an order for eviction will be issued. The plaintiff must pay the 2nd defendant Kshs. 20,000/= as general damages for occupation of the land.
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REPUBLIC v SENIOR RESIDENT MAGISTRATE, NAKURU & ANOTHER [2009] KEHC 1141 (KLR)
✦ The application for prohibition is allowed, and the award is ordered not to be adopted by the court.
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NAHYER SHARIFF HASSAN ALWI v HOUSING FINANCE COMPANY OF KENYA LTD & 2 OTHERS [2009] KEHC 1080 (KLR)
✦ The suit is not concluded and the 2nd and 3rd Defendants are entitled to change their advocate.
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KENYA FARMERS ASSOCIATION LTD v NATIONAL BANK OF KENYA LTD [2009] KEHC 971 (KLR)
✦ The application for review is dismissed.
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DAVID GILBERT HASTIE & another v TRUST BANK LTD. (IN LIQUIDATION) [2009] KEHC 1409 (KLR)
✦ The plaintiffs' plaint and the interlocutory judgment are set aside as the plaintiffs did not seek leave to commence proceedings against the defendant in liquidation.
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JOHN KAMAU SAMSON KARIUKI v BARCLAYS BANK OF KENYA LTD. & another [2009] KEHC 1408 (KLR)
✦ The plaintiff's affidavit is deemed false and the suit is struck off.
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NATIONAL BANK OF KENYA LTD v PHOENIX OF EAST AFRICA ASSURANCE CO. LTD. [2009] KEHC 1008 (KLR)
✦ The court declared the contract of insurance valid and subsisting and ordered the defendants to pay the plaintiff the sum of Kshs.2,200,650 due under the contract, with 80% and 20% of the amount to be paid by the first and second defendants respectively.
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Salim Mackina Hussein v Ecobank Kenya Limited [2009] KEHC 1129 (KLR)
✦ The application is dismissed with costs to the defendant.
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RUTH NJERI KUNIARA v INDUSTRIAL COMMERCIAL DEVELOPMENT CORPORATION & another [2009] KEHC 1406 (KLR)
✦ The court dismissed the plaintiff's suit and set aside the orders made on 23/9/2008.
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NDUNGU NJOROGE & KWACH ADVOCATES v KAMCONSULT LIMITED [2009] KEHC 1166 (KLR)
✦ The application is dismissed
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POLYCAP ODHIAMBO OYARE & 3 OTHERS v CHIEF MAGISTRATE’S COURT AT KIBERA & 2 OTHERS [2009] KEHC 705 (KLR)
✦ The petitioners are properly before the High Court and their application is not defective.
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MAINA NYANGENA & CO. ADVOCATES v JOYCE W. WATHANGA [2009] KEHC 1309 (KLR)
✦ The Chamber Summons is dismissed with costs to Maina Nyagena & Co. Advocates
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NJAU GICHIRA v WATER MASTERS KENYA LTD. & another [2009] KEHC 1412 (KLR)
✦ The High Court ordered the release of the motor vehicle KAV 956 Q and the mounted drilling rig to the plaintiff.