Kenyan case law

• VOLGA ATLANTIC AIRLINES (PROPRIETARY) LIMITED (IN LIQUIDATION) vs YURI SIDOROV [2001] KEHC 650 (KLR)

  ✦ The Preliminary Objection succeeds to the extent that the ex parte orders granted in respect of prayers 4, 5, 6, and 7 are vacated. The Plaintiff is allowed to take appropriate steps such as amending the Plaint. The application to proceed to hearing is allowed.

  [2001] KEHC 650 (KLR) High Court of Kenya

• Furncon Limited v Kenya Commercial Bank Ltd. [2001] KEHC 79 (KLR)

  ✦ The application for review is dismissed due to technicalities.

  [2001] KEHC 79 (KLR) High Court of Kenya

• SYRONDA LIMITED vs SCHOOL EQUIPMENT PRODUCTION UNIT [2001] KEHC 623 (KLR)

  ✦ The defendant's defence is struck out and judgment entered in favor of the plaintiff for the sum of Shs.1,700,000.

  [2001] KEHC 623 (KLR) High Court of Kenya

• EVANS OCHIENG OTIENO vs MARK MOODY & LURE-FLASH (EPZ) LIMITED [2001] KEHC 506 (KLR)

  ✦ The application to strike out the plaint is incompetent and should not be granted.

  [2001] KEHC 506 (KLR) High Court of Kenya

• GILBERT AURA WASONGA vs REPUBLIC [2001] KEHC 77 (KLR)

  ✦ The convictions on Counts 1, 2, 3, and 4 are quashed, and the sentences are set aside. The conviction on Count 5 is upheld.

  [2001] KEHC 77 (KLR) High Court of Kenya

• Fanuel Makenzi Akoyo v Republic [2001] KEHC 262 (KLR)

  ✦ The convictions are substituted for robbery, contrary to section 296(1), P.C., and the death sentences are set aside. The 1st appellant is sentenced to 4 years imprisonment with effect from 7/4/99 plus two strokes. Each of the other four appellants is sentenced to 4 years imprisonment with effect from 15/6/99 plus two strokes each.

  [2001] KEHC 262 (KLR) High Court of Kenya

• FIRENZE INVESTMENTS LIMITED vs KENYA WAY LIMITED . [2001] KEHC 376 (KLR)

  ✦ The summons to enter appearance was invalid due to lack of court seal, and the ex parte judgment entered pursuant to it is set aside.

  [2001] KEHC 376 (KLR) High Court of Kenya

• Tavinder Kaur Chadha v Giro Bank Ltd. [2001] KEHC 503 (KLR)

  ✦ Summary judgment granted for the defendant for Kshs.5,339,796.60 plus costs and interest.

  [2001] KEHC 503 (KLR) High Court of Kenya

• HASSAN KASSIM vs REPUBLIC [2001] KEHC 264 (KLR)

  ✦ The sentence is reduced to 3 years imprisonment.

  [2001] KEHC 264 (KLR) High Court of Kenya

• ROSE NDUNGWA MULU & 2 OTHERS vs FRANCIS MUIA & 8 OTHERS [2001] KEHC 453 (KLR)

  ✦ The court dismissed the application for injunction orders.

  [2001] KEHC 453 (KLR) High Court of Kenya

• INTERCHEMIE E. A. LIMITED vs NAKURU VETERINARY CENTRE LIMITED [2001] KEHC 618 (KLR)

  ✦ The court finds the defendant indebted to the plaintiff in the sum of Shs.1,161,883/= and enters judgment in favor of the plaintiff.

  [2001] KEHC 618 (KLR) High Court of Kenya

• TIMBER MANUFACTURERS AND DEALERS LTD vs JOSEPH KIARIE MBUGUA AND ANOTHER [2001] KEHC 677 (KLR)

  ✦ Application is allowed and the ruling of the court made on 6th December 1999 is set aside. The applicant will pay the costs of the application to the plaintiff and 2nd defendant.

  [2001] KEHC 677 (KLR) High Court of Kenya

• GEORGE GIKUBU MBUTHIA vs NAIROBI CITY COUNCIL [2001] KEHC 153 (KLR)

  ✦ The Plaintiff's application is disallowed with costs.

  [2001] KEHC 153 (KLR) High Court of Kenya

• TOM MBOYA MEMORIAL HALL DEVELOPMENT ASSOCIATION vs LUO COUNCIL OF ELDERS [2001] KEHC 490 (KLR)

  ✦ The application to join interested parties and refund lease expenses is partially granted, with costs to be determined in the cause. The application for damages is declined.

  [2001] KEHC 490 (KLR) High Court of Kenya

• TM AM CONSTRUCTION (AFRICA) GROUP vs ATTORNEY GENERAL [2001] KEHC 569 (KLR)

  ✦ The application is dismissed with costs as the plaintiff failed to establish the existence of a dispute between the parties.

  [2001] KEHC 569 (KLR) High Court of Kenya

• WANADEGE CO-OPERATIVE SAVINGS & CREDIT SOCIETY vs TOM MUSILI & 5 OTHERS [2001] KEHC 147 (KLR)

  ✦ The objection is overruled and the application will proceed.

  [2001] KEHC 147 (KLR) High Court of Kenya

• TRANS-NATIONAL BANK LIMITED vs SALIM AGIL SAID & SALAME MOHSIN SAID [2001] KEHC 532 (KLR)

  ✦ The application fails and is dismissed with costs to the 2nd Defendant/Respondent.

  [2001] KEHC 532 (KLR) High Court of Kenya

• JOHN KARARI GITHINJI T/A LIMPOPO SNACKS v KENYA COMMERCIAL FINANCE CO. LTD [2001] KEHC 29 (KLR)

  ✦ The court dismisses the application with costs to the Defendant.

  [2001] KEHC 29 (KLR) High Court of Kenya

• T K C v A M N [2001] KEHC 185 (KLR)

  ✦ The marriage is dissolved, and a Decree Nisi is issued. The custody of the child is awarded to the Petitioner. The Petitioner pays the Respondent a lump sum of Kshs.25,000/= within 60 days.

  [2001] KEHC 185 (KLR) High Court of Kenya

• TAMIL ENTERPRISES LTD. vs OFFICIAL RECEIVER & LIQUIDATOR OF CONTINENTAL CREDIT FINANCE LTD. & ANOTHER [2001] KEHC 859 (KLR)

  ✦ The court orders the refund of Shs.7,621,250/= to the plaintiff together with interest at commercial rates. The claim for Shs.7.5 million spent on development plans is rejected.

  [2001] KEHC 859 (KLR) High Court of Kenya

• FREDRICK M. MULINGE vs MULANDI KYONDO [2001] KEHC 443 (KLR)

  ✦ The orders prayed for are granted due to sufficient reason shown why Mr. Mwinzi could not arrive in court on time to prosecute the application dated 12.7.99.

  [2001] KEHC 443 (KLR) High Court of Kenya

• G. KAMONDE ADVOCATE vs ISEME,KAMAU & COMPANY ADVOCATES [2001] KEHC 641 (KLR)

  ✦ The court finds no binding and enforceable undertaking, and thus denies the application.

  [2001] KEHC 641 (KLR) High Court of Kenya

• UNGA LIMITED vs CRESCENT PROCUREMENT SERVICES (K) LTD. ) MUHIDIN MOHAMED SHEIKH [2001] KEHC 455 (KLR)

  ✦ Judgment for the plaintiff for the sum of Shs.19,642,476/= together with interest thereon at commercial rate from the date of filing suit till payment in full.

  [2001] KEHC 455 (KLR) High Court of Kenya

• Stephen Mugera Gakenge v Kenya Commercial Bank Ltd & another [2001] KEHC 630 (KLR)

  ✦ The Court found that the statutory notice issued was not valid and that the Notification of Sale was improper.

  [2001] KEHC 630 (KLR) High Court of Kenya

• TRISHUL CONSTRUCTION…….. vs JOE K. MUCHEKEHU [2001] KEHC 476 (KLR)

  ✦ The final certificate issued by the Defendant's Architect was valid and binding on the Defendant, and the Plaintiff is awarded the sum of Shs.224,870 with interest at court rates.

  [2001] KEHC 476 (KLR) High Court of Kenya