Kenyan case law

Erastus Kibiti Stephen v Euro Bank Limited & another [2003] KEHC 976 (KLR)

✦ The warrants to freeze the bank account are quashed and the Bank is ordered to release the funds.

1.NGEGI MUIGAI 2.CATHERINE WANGUI MUIGAI vs EAST AFRICAN BUILDING SOCIETY [2003] KEHC 492 (KLR)

✦ The application is dismissed with costs as the Plaintiffs did not provide evidence of non-compliance with statutory notices and the Defendant had complied with the valuation of the property.

KIHUYU NDIRANGU vs REUBEN KINYANJUI [2003] KEHC 526 (KLR)

✦ The court reinstates the appeal and orders that costs be paid to the respondent

PLAZA TRUST LIMITED vs HARD ROCK CAFÉ LTD [2003] KEHC 815 (KLR)

✦ The court orders the defendant to provide security for costs in the sum of shs 1,000,000 within 30 days and stays the trial of the defendant's counterclaim pending compliance.

JANEVAMS LIMITED vs CALTEX KENYA LIMITED [2003] KEHC 660 (KLR)

✦ The court found that there was no agreement of 1st June 1987 and that the Plaintiff was not a dealer at the service station.

BENSON MBUCHU GICHUKI vs EVANSON KAMONDE MUNJUA [2003] KEHC 837 (KLR)

✦ The application is dismissed. Each party shall bear its own costs of the application.

Benson Mbuchu Gichuki v Evanson Kamonde Munjua & another [2003] KEHC 935 (KLR)

✦ The application is dismissed. Each party shall bear its own costs of the application.

1.DHIRAN KOTAK 2.AZIZ TAYABALI vs SHABAHA INVESTMENTS LTD. & 6 OTHERS [2003] KEHC 481 (KLR)

✦ The Court granted the Plaintiffs' adjournment request, but imposed conditions on the payment of costs and the setting down of the case for hearing.

Joseph Gitau Macharia v Republic [2003] KEHC 393 (KLR)

✦ The appeal is dismissed. The sentence of 10 years imprisonment is upheld.

Afrofreight Forwarders Limited v Pinnacle Consultants Limited & another [2003] KEHC 695 (KLR)

✦ The judgment entered by the Deputy Registrar is set aside as it was not regular due to improper procedure and awarding costs without judgment.

Elizabeth Wairimu Waiyaki v Eunice Wamaitha Waiyaki [2003] KEHC 727 (KLR)

✦ The court dismissed the defendant's claim of adverse possession and allowed the plaintiff's claim for possession of the disputed plots. The court ordered each party to bear their own costs.

Jimmy David Oriadha v Republic [2003] KEHC 1009 (KLR)

✦ The conviction is quashed and sentence set aside. The appellant is hereby set free.

Newton Liyayi & 76 Others v Birch Investments Epz Ltd. [2003] KEHC 682 (KLR)

✦ The application is allowed, but the amendment is not deemed as duly filed and served.

Bakari Ali Kasirani v Stanley Muema Wanguye [2003] KEHC 627 (KLR)

✦ The default judgment is set aside, and all consequential orders are set aside. The defendant is released from civil jail.

Elias Kamau Kangethe & 4 others v Commissioner of Lands & another (Civil Case 12 of 2003) [2003] KEHC 730 (KLR) (Civ) (25 February 2003) (Ruling)

✦ The application is dismissed with costs

Ngancha Ngumo v Republic [2003] KEHC 353 (KLR)

✦ The appeal against the conviction is dismissed.

Musa Ndegwa Kombo & 3 others v Republic [2003] KEHC 292 (KLR)

✦ The convictions are quashed and sentences set aside. The appellants are set free unless otherwise lawfully held.

Georfrey Mwangi Kaharo v Samuel Kamanga Muhoro & another [2003] KEHC 681 (KLR)

✦ The application is dismissed with costs to the respondent.

PETER MUNGAI MUIRURI vs REPUPLIC [2003] KEHC 309 (KLR)

✦ The conviction is quashed and the sentence of three years is set aside. The appellant is hereby set at liberty unconditionally.

KAMBAA TEA FACTORY CO. LTD. vs SIMON KAMAU MWANGI [2003] KEHC 770 (KLR)

Kamau Njoroge v Peter Ndungu [2003] KEHC 851 (KLR)

✦ The appeal is dismissed with costs as the learned magistrate was right in dismissing the application for review.

In re the estate of Miriam Jepkios Ngetich [2003] KEHC 10 (KLR)

✦ The court ruled that Nicholas Kipkosgei Kogo and Mary Cheboo Kimnyigel are eligible to inherit. The estate is divided with Nicholas receiving 13 acres and Mary 10 acres. Mary must refund half of the rates paid for the center plot to Nicholas.

Chengo Charo Kaingu & 33 others v Legal Representative of The Estate of Kathleen Shell Macdonald (also known as Sheilla Norton) [2003] KEHC 222 (KLR)

✦ Application dismissed with costs

Chepkino Kiburet v Nelson Chepngotie & 3 others [2003] KEHC 50 (KLR)

✦ The court finds the plaintiff's claim valid and genuine, and directs the defendants to pay Kshs.360,000 for the 8 acres, with interest and costs.

Kenya National Chamber of Commerce v County Council of Makueni (Miscellaneous Case 159 of 2002) [2003] KEHC 66 (KLR) (21 February 2003) (Ruling)

✦ The application is dismissed with costs to the respondents.