Kenyan case law
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C.M.C. MOTORS GROUP LTD V BENGERIA ARAP KORIR T/A MARBEN SCHOOL & ANOTHER [2012] KEHC 690 (KLR)
✦ The court finds the 2nd defendant liable to pay the claimed sum due to the plaintiff together with costs and interest. The suit against the 1st defendant is dismissed with costs being borne by the 2nd defendant.
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AVENUE SERVICE STATION (1977) LTD & 9 OTHERS V MUSIC COPYRIGHT SOCIETY OF KENYA & 2 OTHERS [2012] KEHC 812 (KLR)
✦ The application for injunction is hereby dismissed with costs.
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ELIZABETH NYAMBURA NJUGUNA & ANOTHER V JUMAA FARMERS COMPANY LIMITED & 7 OTHERS [2012] KEHC 253 (KLR)
✦ The judge found no basis for the allegations of bias and reinstated the original hearing date of 19th November, 2012.
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In Re BR [2012] KEHC 655 (KLR)
✦ The court grants the adoption application and makes orders for the child's care and reporting requirements.
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JACKLINE W. NJERU T/A JAVISAPA ENTERPRISES V CANUCK HOLDINGS LIMITED [2012] KEHC 476 (KLR)
✦ The matter is referred to arbitration in terms of the agreement between the parties.
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REPUBLLIC & 3 OTHERS V CHAIRMAN, VIHIGA DISTRICT LAND TRIBUNAL [2012] KEHC 224 (KLR)
✦ The Tribunal's decision is nullified due to excess of jurisdiction and the application is allowed with no costs awarded.
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JOSEPH MUTISO MUTISYA V REPUBLIC [2012] KEHC 386 (KLR)
✦ Conviction and sentence quashed, re-trial ordered
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JOHN SERGON V RICHARD NAGGY AENGWO & ANOTHER [2012] KEHC 873 (KLR)
✦ The court orders the plaintiff to be the exclusive user and occupier of the suit land, the caution to be removed, and an injunction against trespassing.
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ANN WANJIKU KURIA V REPUBLIC [2012] KEHC 1224 (KLR)
✦ The court dismissed the application, finding that the applicant's right to be protected from self-incrimination was not violated and that CitiBank's acceptance of the offer did not compromise the defence.
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IN THE MATTER OF BABY H.R [2012] KEHC 654 (KLR)
✦ The court grants the applicants authority to adopt the child Baby HR.
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JOHN FRED ODUOR V WELLINGTON NJOROGE [2012] KEHC 1197 (KLR)
✦ The court awards Kshs.1,460,000/= in damages under the Fatal Accident's Act, Kshs.172,109/= under the Law Reform Act, and costs to the plaintiff.
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MICHAEL OCHIENG’ ODERA V ATTORNEY GENERAL [2012] KEHC 1201 (KLR)
✦ The appellant's appeal succeeds, and the trial court's decision is set aside. The appellant proves his case on a balance of probability and the respondent acted maliciously.
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BLUE SHIELD INSURANCE CO. LTD V RATEMO OIRA & CO. ADVOCATES [2012] KEHC 483 (KLR)
✦ The application is granted, and the plaintiff will have their costs of the application.
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PETER MUTEMI MWENDWA v RACHAEL SALA KILUNGU (Civil Appeal 3 of 2012) [2012] KEHC 162 (KLR) (6 November 2012)
✦ The case is remitted to the lower court for retrial to determine paternity and the parties' earnings, with the best interest of the minor being paramount.
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REPUBLIC V PERMANENT SECRETARY MINISTRY OF STATE PROVINCIAL ADMINSTRATION AND INTERNAL SECURITY & 3 OTHERS EXPARTE ROSE WANGARI KINYUA [2012] KEHC 1132 (KLR)
✦ Leave granted for Judicial Review
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MANASSEH LUMUMBA SHIVALU V GARI TOO BARNO [2012] KEHC 785 (KLR)
✦ The application is allowed, and the order made on 21st September, 2010 is set aside. The applicant's application dated 1st July, 2010 is reinstated.
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NATIONAL WATER CONSERVATION & PIPELINE CORPORATION V SOLONGO ENTERPRISES LIMITED & 2 OTHERS [2012] KEHC 1042 (KLR)
✦ The 1st defendant’s reference is dismissed as the reasons for the taxation were clearly stated in a considered ruling and the reference is fatally flawed.
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NICHOLAS NGUTHI KIVINDA V RACHEL M. KAGUNDU [2012] KEHC 1138 (KLR)
✦ The application for substitution of the deceased defendant is dismissed.
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REPUBLIC V MINISTER FOR LOCAL GOVERNMENT & 2 OTHERS EX-PARTE JUDY WAMBUI GITAU & 2 OTHERS [2012] KEHC 1165 (KLR)
✦ The court dismissed the application, finding no merit in the Notice of Motion amended on 17th December 2010.
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MIRKO BLAETTERMAN V DAVID MWANGI MUIRURI & 2 OTHERS [2012] KEHC 739 (KLR)
✦ The court confirmed the earlier orders reinstating the plaintiff into possession of the suit property pending determination of the stated cases.
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REPUBLIC V CENTRAL PROVINCIAL AND APPEAL TRIBUNAL & 5 OTHERS EX-PARTE LEONARD MWAI GACHOKI [2012] KEHC 1086 (KLR)
✦ The leave to operate as stay is vacated as the substantive motion was not filed within 21 days
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BENJAMIN KINYANZUI KITOLO & ANOTHER V BONIFACE MUIYA KIMATHI [2012] KEHC 998 (KLR)
✦ The parties are directed to attempt to settle the matter out of court
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DAVID RWETI MASAI V NANDI TEA ESTATE LIMITED [2012] KEHC 784 (KLR)
✦ The applicant is granted leave to appeal out of time and a stay of execution pending compliance with the orders
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REPUBLIC v VITALIS NONGA SHUMA & 9 Others [2012] KEHC 1162 (KLR)
✦ The court finds the accused guilty of assault causing actual bodily harm and sets aside the acquittal.
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JOSEPH MUTHOMI RIUNGU V STEPHEN MWITI M’MURUNGI [2012] KEHC 939 (KLR)
✦ The court allowed the application for orders of inhibition and injunction, finding that the plaintiff had shown a prima facie case with probability of success and that he had been in occupation of the suit land for over 12 years.