Kenyan case law

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.

PETER WHITTON & another v KENYA EDUCATIONAL TRUST LTD [2008] KEHC 1070 (KLR)

✦ The court found the plaintiffs' claims were not frivolous and refused to strike out the plaintiffs' claims.

REPUBLIC v CHAIRMAN KALAMA LAND DISPUTES TRIBUNAL [2008] KEHC 1226 (KLR)

✦ The court holds that the Kalama Land Dispute Tribunal had no jurisdiction to determine the ownership of the land, and the decision is therefore a nullity and should be quashed.

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 Estate of Ngatia Nguribu (Deceased) [2008] KEHC 149 (KLR)

✦ The confirmed grant issued on February 22, 2008, is hereby cancelled. Property TETU/IHURURU/126 is divided into two equal shares, with one share given to the petitioner and the other half shared equally between the protestors.

CO-OPERATIVE BANK OF KENYA LIMITED v CHEMAGRO LTD [2008] KEHC 1194 (KLR)

✦ The court held that the plaintiff has not breached the expressed terms of the guarantee and that the guarantee is not discharged due to failure of consideration. The court also held that the plaintiff has not taken steps to execute the decree against the defendant.

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.

BWK v SKK [2008] KEHC 930 (KLR)

✦ The marriage is irretrievably broken down and the petition is allowed

PETER WAWERU WAITITU v CYRUS J. KARANJA [2008] KEHC 590 (KLR)

✦ Compounded interest shall be paid from 20th May, 1985, till payment in full.

In Re Estate of Stephen Kiuri Kaguiri (Deceased) [2008] KEHC 163 (KLR)

✦ The chamber summons has no merit and is dismissed with costs awarded to the respondents.

MACHARIA WAIGURU v ATTORNEY GENERAL, WANGECHI & WERE (Civil Case 238 of 2000) [2008] KEHC 441 (KLR) (16 October 2008) (Ruling)

✦ The defense is not scandalous, frivolous, or vexatious. The chamber summons is dismissed with no orders as to costs.

TIMSALES LTD v MOSES MBURU [2008] KEHC 1062 (KLR)

✦ The Respondent's claim is dismissed with costs.

JAFRED LUMBASI v SAMSON SHILACHIRA [2008] KEHC 1018 (KLR)

PAUL WAHOME MATU v JOHN KIHORO MATU [2008] KEHC 703 (KLR)

✦ The court held that the Provincial Land Disputes Appeal Committee did not err in its decision to register the land in the name of the elder brother, John Kihoro Matu.

ALIAS NGATIA S/O NGURIBU V BENSON NGUYO NGATIA [2008] KEHC 3775 (KLR)

✦ The confirmed grant issued on 22nd February 2008 is hereby cancelled. L.R. TETU/IHURURU/126 is divided into two equal shares, with one share given to Benson Nguyo Ngatia absolutely and the other half shared equally between Joseph Ngatia Nderitu and Ruth Wanjiku Nyatoro.

NAIVACO COMPANY LTD v HOUSING FINANCE CO. OF KENYA LTD [2008] KEHC 1079 (KLR)

✦ The court dismisses the suit for want of prosecution

NDATHI MUGUNDA COMPANY LTD v PATRICK MATU GITHINJI & 4 others [2008] KEHC 691 (KLR)

✦ The court granted an injunction restraining the defendants from holding a meeting scheduled for 17 October 2008 pending the hearing and determination of the suit.

Republic v Patrick Muriuki Karimu [2008] KEHC 963 (KLR)

✦ The court finds the prosecution failed to establish a prima facie case and the accused is not guilty of murder.

REPUBLIC v SENIOR PRINCIPAL MAGISTRATE KISII & 4 others [2008] KEHC 894 (KLR)

✦ The application is incompetent and Judicial Review remedies are not the most efficacious in the circumstances of this case.

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.

ALIAS LUCY MIRIGO KARUIRU & ANOTHER V GEOFFREY NDEGWA KARUIRU [2008] KEHC 119 (KLR)

✦ Grant of letters of administration is revoked, prohibition over land parcels is issued, and a fresh grant is issued in the names of both parties

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.

M & E CONSULTING ENGINEERING LIMITED v LAKE BASIN DEVELOPMENT AUTHORITY [2008] KEHC 1181 (KLR)

✦ The consent order is set aside, and the garnishee proceedings are struck out.

REPUBLIC v OLENGURUONE LAND DISPUTES TRIBUNAL [2008] KEHC 541 (KLR)

✦ The Tribunal had no jurisdiction to adjudicate on the issue of land ownership

In Re Estate of Mirigo Karuiru (Deceased) [2008] KEHC 164 (KLR)

✦ Grant of letters of administration is revoked, prohibition is issued, and fresh grant is issued in the names of both applicants