Kenyan case law

REPUBLIC vs THE COMMISSIONER OF LANDS & REGISTRAR OF TITLES,MOMBASA (RESPONDENTS),CRESENT PROPERTIES DEV. CO. LTD (INTERESTED PARTY),LYDIA GICHONI, ROBERT KIPTOO,DANIEL MAHUGU,W. MWAWASI & MWANASITI N. ABDALLA (APPLICANTS) [2001] KEHC 100 (KLR)

✦ The court grants leave to the applicants to file and use the further amended statement, but sets conditions for costs and final submissions.

BARRY PROUDFOOT vs COAST BROADWAY COMPANY LIMITED & COAST BUS COMPANY [2001] KEHC 150 (KLR)

✦ The court finds the bus driver wholly responsible for the accident and holds the bus company vicariously liable. The court awards damages for pain and suffering, lost income, and special damages.

PETER MWANZI vs REPUBLIC [2001] KEHC 328 (KLR)

✦ The appeal is dismissed and the sentence is regularised to a total sum of 4 years imprisonment plus four (4) strokes of the cane.

MUTHENYA MUTISYA vs REPUBLIC [2001] KEHC 242 (KLR)

✦ The sentence is set aside and substituted with a five-year imprisonment, four strokes of the cane, and five years police supervision.

MUSA THACHI WANJIRU vs REPUBLIC [2001] KEHC 233 (KLR)

✦ The appeal is dismissed. The conviction was on reliable and cogent evidence, and the sentence was deserved if not lenient.

JOSEPH RADING WASAMBO vs MUNICIPAL COUNCIL OF KISUMU & ANOTHER [2001] KEHC 638 (KLR)

✦ The application is dismissed with costs to the defendants other than the costs of attendance for the hearing on 19.2.2001.

JAMES KAMURU KAMAU vs LUCY MUTHONI KABATA & JOHN KAMAU KABATA [2001] KEHC 414 (KLR)

✦ The court grants an order for an inhibition of registration or dealing with the land until the final determination of the matter.

NATIONAL BANK OF KENYA LIMITED vs RAJESH KAPOOR & VALEO (K) LIMITED [2001] KEHC 423 (KLR)

✦ The court enters judgment in favor of the plaintiff for Shs.689,917/11 together with interest at the rate of 23% per annum from January 1, 2001. The defendants will jointly and severally bear the plaintiff's costs of the suit.

Insurance Company of East Africa & 4 others; Attorney General (Respondent) (Civil Appeal 135 of 1998) [2001] KEHC 5 (KLR) (19 January 2001) (Ruling)

EAST AFRICA INDUSTRIES LTD vs B. R. NYARANGI [2001] KEHC 784 (KLR)

✦ The defendant was not liable for negligence and the plaintiff's claim for subrogation was dismissed.

NATIONAL BANK OF KENYA LTD. vs DUNCAN KINYANJUI WANJUU [2001] KEHC 553 (KLR)

✦ The application for summary judgment is dismissed with costs.

Insurance Company of East Africa v Attorney General & 3 others (Civil Suit 135 of 1998) [2001] KEHC 372 (KLR) (19 January 2001) (Ruling)

✦ Temporary injunction granted until the suit is heard and determined

CECILIA RACHIER & ESTHER OLWALO vs FLOYD PETER RAVAL [2001] KEHC 582 (KLR)

✦ The defendant is liable for the death of the deceased and is ordered to pay damages to the plaintiffs.

BERNARD MAINA vs FRANCIS NDICU [2001] KEHC 790 (KLR)

✦ The court finds that the defendant was the owner and driver of the vehicle, and the deceased was a passenger at the time of the accident. The court awards a total sum of shs.455,000.00 to the plaintiff, including damages for loss of expectation of life, pain and suffering, and funeral expenses.

NINA MARIE LIMITED vs GATMA HOLDINGS LIMITED & INSURANCE COMPANY OF EAST AFRICA LTD [2001] KEHC 647 (KLR)

✦ The court sets aside the default judgment and grants the plaintiff unconditional leave to defend the counterclaim.

NORTH END TRADING COMPANY T/A KENYA REFUSE HANDLERS LIMITED vs SOLID FREIGHTERS LIMITED & JARED ISAAC OMWARE [2001] KEHC 479 (KLR)

✦ The court grants a mandatory injunction for the plaintiff to have the motor vehicles registered, and orders the defendants to surrender all documents held in respect of the motor vehicles.

RAMJI RATNA & COMPANY LIMITED vs KENYA MEDICAL RESEARCH INSTITUTE [2001] KEHC 551 (KLR)

✦ The plaintiff is entitled to judgment for Shs.2,557,726.45 plus interest from the date of filing suit.

KENYA COMMERCIAL BANK LIMITED vs DAVID JIMMY OWINO WEYA & FRANCISCA ATIENO WEYA BOTH T/A DALABEN AGENCIES [2001] KEHC 646 (KLR)

✦ The application is allowed and the default judgment set aside. The defendants will bear the plaintiff's costs of the application.

CHARLES MWALIA T/A HOLIDAY ENTERPRISES vs KENYA BUREAU OF STANDARDS [2001] KEHC 433 (KLR)

✦ The application is partly allowed and the order dated 27.10.2000 set aside.

Joseph Githinji Gathiba v Charles Kingori Gathiba [2001] KEHC 854 (KLR)

✦ The land Thengenge/Kihora/1 belongs to both the plaintiff and the defendant as tenants in common in equal shares.

SAMUEL MUSAU NDUNDA vs THE CO-OPERATIVE BANK OF KENYA LTD. & NGURU ENTERPRISES [2001] KEHC 425 (KLR)

✦ The application is dismissed with costs as there is no cogent evidence to support the allegations made by the plaintiff.

Salim Tunje Gambo v Commissioner of Lands & 9 others [2001] KEHC 46 (KLR)

✦ The preliminary objections are upheld, and the application is struck out with costs to the interested parties.

ANTHONY ATHANA NGOTHO vs MICHAEL MWAMBYA VITA MWAMBYA [2001] KEHC 699 (KLR)

✦ The objection is valid and the application is dismissed with costs to the Respondent.

Kenya Tea Workers Union & 7 others v Registrar of Trade Unions [2001] KEHC 815 (KLR)

✦ The appeal fails, and the appeal is dismissed with costs.

SALIM MOHAMED GARWAN vs MOHAMED SAID ABDALLA & ANOTHER [2001] KEHC 413 (KLR)

✦ Summary judgment is appropriate and the defense is a sham.