Kenyan case law
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EPHANUEL GITONGA KANAMPIO & ANOTHER v JULIUS MUKUBO & ANOTHER [2009] KEHC 1293 (KLR)
✦ Judgment for the plaintiff as against the 2nd defendant for general damages for pain and suffering, loss of expectation of life, lost years, and special damages.
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ANN WANJIRU WAIGWA & ANOTHER V JOSEPH KIRAGU KIBARUA [2009] KEHC 611 (KLR)
✦ The application is allowed on condition that the applicants shall within the next twenty-one (21) days from the date hereof deposit the entire decretal sum in an interest earning account to be operated jointly by the advocates of the applicants and those of the respondents.
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REPUBLIC v ATTORNEY GENERAL & 2 OTHERS EX-PARTE JOSHIA MULI KIILU [2009] KEHC 993 (KLR)
✦ The motion is incompetent and has no merits whatsoever. It is dismissed with no orders as to costs.
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KIPTOO CHESIRE & 2 others v ALICE JEPCHUMBA CHESIRE [2009] KEHC 737 (KLR)
✦ The preliminary objection is dismissed. The Chamber Summons dated 5th August, 2009 will be heard and determined on merits.
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ALICE MUHONJA v KENNETH LITSWA ASEGA [2009] KEHC 359 (KLR)
✦ An interlocutory injunction is granted to restrain the respondent from demolishing the house in which the applicant lives on the suit property.
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ANTHONY NJINE MUTHIKA v REPUBLIC [2009] KEHC 1330 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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PETER NZESYA MAITHYA v REPUBLIC [2009] KEHC 1049 (KLR)
✦ The court finds no reason to grant the orders sought and dismisses the motion.
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Gathoni v Shosi & another (Civil Suit 11 of 2006) [2009] KEHC 1277 (KLR) (29 October 2009) (Judgment)
✦ The court awards the plaintiff Kshs.3,200,000 for general damages for pain, suffering, and loss of amenities.
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PAULINE WAMBUI KIRUMA & PATRICK JAMES MBURU KIHONGE v ESTHER WAMBUI NJUGUNA (Civil Case 249 of 2008) [2009] KEHC 626 (KLR) (29 October 2009) (Judgment)
✦ The court awards general damages for pain & suffering, loss of expectation of life, loss of dependency, and special damages. The total award is Kshs.1,462,500.
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KISHINGA KIMUNYI v KIBUGI KATHIGI & ANOTHER [2009] KEHC 1354 (KLR)
✦ The plaintiff's claim is dismissed with costs to the defendants.
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Muthuri & another v Industrial & Commercial Development Corporation & another [2009] KEHC 872 (KLR)
✦ The plaintiffs have not established a prima facie case with a probability of success and are not entitled to an injunction. The plaintiffs' application is hereby dismissed with costs.
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REPUBLIC v CHAIRMAN MAKUENI LAND DISPUTES (TULIMANI) & ANOTHER [2009] KEHC 1017 (KLR)
✦ The ex-parte Applicant's motion to quash the Tribunal's decision is granted
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DOMINIC WAIGI NDUNG’U v G. H. M. KAMONDE t/a G. KAMONDE ADVOCATE [2009] KEHC 1415 (KLR)
✦ The court ordered the defendant to deliver the cash account to the plaintiff and to reimburse the plaintiff KShs.209,200/=
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JOSEPH KIMATU & 4 OTHERS v RUKIYA SOUD ALI BASHIRI & 3 OTHERS [2009] KEHC 1524 (KLR)
✦ The application to strike out the suit was dismissed.
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PIONEER PLUMBERS LTD v MORRIS & COMPANY LTD [2009] KEHC 1440 (KLR)
✦ Judgment in favor of the plaintiff for Kshs.2,889,545/= together with interest, and costs of the application and the suit.
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J W N v C W N [2009] KEHC 798 (KLR)
✦ The property was held in trust for the wife, and she holds 50% share in the property.
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PIONEER PLUMBERS LTD v MORRIS & COMPANY LTD [2009] KEHC 1439 (KLR)
✦ Judgment in favor of the plaintiff for the sum of Kshs.2,889,545/= together with interest and costs.
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JOSEPH KIMATU & 4 others v RUKIYA SOUD ALI BASHIRI & 3 others [2009] KEHC 1523 (KLR)
✦ The Court dismissed the defendants' application to strike out the suit.
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REPUBLIC v TOWN CLERK, CITY COUNCIL OF NAIROBI EX-PARTE DAVID NJOGU T/A D. NJOGU & COMPANY ADVOCATES [2009] KEHC 985 (KLR)
✦ The application is granted and all mandamus orders sought are granted.
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M J B v K B [2009] KEHC 4190 (KLR)
✦ The court orders that the defendant pays the plaintiff 20% of the value of the matrimonial home and directs that the property be valued by a valuer acceptable to both parties. The court directs that the defendant pays the valuation costs initially and recovers half the cost from the plaintiff's ultimate share. If the defendant does not comply, the property shall be sold and proceeds apportioned at 20% in favour of the plaintiff and 80% in favour of the defendant. The court directs that the plaintiff bears his own costs.
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REPUBLIC v PATRICK NOAH KIOKO & ANOTHER [2009] KEHC 1024 (KLR)
✦ The court is satisfied that a prima facie case has been made out against the accused persons and orders accordingly.
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MOSES KINOTI NKOROI & 2 others v REPUBLIC [2009] KEHC 1331 (KLR)
✦ No merit in the appeals, appeals dismissed, sentence of death confirmed
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MURAD EBRAHIM MURAD & another v KENYA COMMERCIAL BANK & another [2009] KEHC 1410 (KLR)
✦ The plaintiffs' application is dismissed with costs, and the 2nd defendant's application is struck out with costs.
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JOSEPH KARIUKI NJOROGE T/a DELIVERANCE CHURCH GITHUNGURI v NDUNGU NJAU [2009] KEHC 4185 (KLR)
✦ The application is properly before the court, and the Plaintiff has satisfied the standard set by the case of Giella vs. Cassman Brown & Co. Ltd & Another [1973] E.A.
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JACQUELINE KIARAHO v CO-OPERATIVE BANK OF KENYA LIMITED [2009] KEHC 885 (KLR)
✦ The execution of the decree dated 10/12/2008 is stayed pending the hearing and determination of the intended appeal.