Kenyan case law
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JANE NJERI KLORIES V GHISLOTTI LUIGI [2001] KEHC 565 (KLR)
✦ The court overruled the objection and decided to make a decision on the matter.
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SAMUEL OTIENO AKANDA ONYANGO vs REPUBLIC [2001] KEHC 398 (KLR)
✦ The conviction is upheld. The sentence for Counts 1, 2, and 3 is upheld at 15 months each. The sentence for Count 4 is reduced to 21⁄2 years imprisonment, to run concurrently with the other sentences.
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In Re: M.S.A & M.S.A (Infants) [2001] KEHC 777 (KLR)
✦ The court grants the order of adoption of the children MSA and MSA to [particulars withheld], United States of America.
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ISABELLE DANGE & ASHRAF ARBI vs KENYA WILDLIFE TRAILS LTD [2001] KEHC 620 (KLR)
✦ The dispute arose out of the agreement during its term, and it would be improper to find that such a dispute cannot be referred to arbitration merely because the agreement was terminated prior to filing this suit. The plaintiffs' filing of grounds of opposition did not bar them from making the application.
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STANLEY MUTITO MUTETI vs REPUBLIC [2001] KEHC 324 (KLR)
✦ The convictions are quashed and the appellants are set free
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TIMOTHY NGUGI NJUGUNA vs KENYA TOURIST DEVELOPMENT CORPORATION & ANOTHER [2001] KEHC 139 (KLR)
✦ The letter of dismissal was not defamatory and was not published. The plaintiff is awarded Shs. 400 for the admitted sum owed by the defendants.
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SHELDON MICHILWA vs MICHAEL NDARIE NYALIENYA & 5 OTHERS [2001] KEHC 142 (KLR)
✦ The Plaintiff is entitled to the eviction of the Defendants and permanent restraint from trespassing.
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SHEIKH SAID TRANSPORTERS v WILSON KATANA & ANOTHER [2001] KEHC 18 (KLR)
✦ The lorry was a private vehicle and not a public service vehicle.
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FREDRICK CHARO YAA vs REPUBLIC [2001] KEHC 316 (KLR)
✦ The application for bail is dismissed as the appeal has not been admitted and there are no special circumstances.
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GODFREY KITHEKA MULWA vs REPUBLIC [2001] KEHC 64 (KLR)
✦ The conviction and sentence are quashed, and the appellant is released.
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SAMUEL OTIENO AJODE vs PAN AFRICA INSURANCE CO [2001] KEHC 759 (KLR)
✦ The application has no merit and is dismissed with no orders as to costs.
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ISSA MASUDI MWAMBUMBA v ALICE KAVENYA,HASSAN HAMISI SAUTI, ATTORNEY GENERAL,DIANI PROMOTION LTD & LOITA DEVELOPMENT LTD [2001] KEHC 524 (KLR)
✦ The application is allowed and the plaint is struck out with costs to all the Defendants.
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TRUST BANK LIMITED vs TRONICA ENTERPRISES LIMITED [2001] KEHC 865 (KLR)
✦ The application is allowed, and the plaintiff is entitled to both the interlocutory injunction and the extension of the caveat.
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SHAMIT VARMA & 2 OTHERS vs M. A. BAYUSUF & SONS [2001] KEHC 754 (KLR)
✦ The application is incompetent and misconceived and is dismissed with costs to be paid by the applicants.
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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA,PHOENIX ASSURANCE COMPANY OF NEW YORK & MARINE OFFICE OF AMERICA CORPORATION vs KENYA AIRFREIGHT HANDLING LIMITED [2001] KEHC 482 (KLR)
✦ An order for security for costs is made in favor of the defendant local company.
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Far East Car Bank Limited v Commissioner of Customs & Excise [2001] KEHC 45 (KLR)
✦ The court grants an injunction against the Commissioner of Customs not to seize the applicant's motor vehicles until the final determination of the suit.
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JOHN NGIRIA NGURU & OTHERS vs MARY WANGECHI GITHIRE & OTHERS [2001] KEHC 668 (KLR)
✦ The 1st Defendant's application to set aside the consent judgment is allowed, and the 2nd Defendant is ordered to pay the Plaintiff's thrown away costs and the 1st Defendant's costs of the application.
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HENRY GIFLEX OMBATI vs UNIVERSITY OF NAIROBI [2001] KEHC 162 (KLR)
✦ The Defendant is not responsible for the Plaintiff's loss due to the arrest and prosecution. The Defendant is liable to pay the Plaintiff three months' salary in lieu of notice and 20% of his basic salary per month contribution to the pension plan with 15% interest per annum.
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HASSAN NOOR MAHMOUD V TAE YOUN ANN [2001] [2001] KEHC 44 (KLR)
✦ The court awards the plaintiff Ksh.200,000 for pain and suffering and loss of amenities, and Ksh.331,858 in total for general and special damages.
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Sauel Ngao Ole Betuyi v Republic [2001] KEHC 241 (KLR)
✦ The convictions on the first four counts for Robbery with Violence are substituted for Robbery contrary to section 296(1), P.C. The death sentences are set aside and the appellant is sentenced to three years imprisonment with effect from August 25, 1999 plus one stroke on each of the four counts. The sentence of 12 months imprisonment on each of the 5th and 6th counts to run concurrently stands.
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Thande v Housing Finance Company of Kenya Ltd [2001] KEHC 848 (KLR)
✦ The plaint is struck out with costs to the applicant/defendant
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SAMUEL NJUGUNA NDUGUTI vs KIAMBU DISTRICT LAND DISPUTES [2001] KEHC 122 (KLR)
✦ The application is allowed with costs, and leave is granted to apply for orders of certiorari and prohibition. The grant of leave operates as a stay of any further proceedings of the Resident Magistrate's court Githunguri.
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SURGIPHARM LIMITED vs CHRISTOPHER NDARATHI MURUNGARU & JOSEPHINE MUMBI NDARATHI [2001] KEHC 426 (KLR)
✦ The order dismissing the application for non-attendance is set aside, and the application is reinstated for hearing.
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JAGDISH DEVISH SHAH & DESBRO POLYMERS LIMITED vs INDUSTRIAL DISTRIBUTORS LIMITED) SUMAN SENNIK ) [2001] KEHC 595 (KLR)
✦ The earlier judgment dated 15th June 2000 is set aside, and the proceedings will proceed with the preparation of the case for full hearing, but the hearing will await the outcome of the appeal.
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Jashon Oluoch Nyangeso v Republic [2001] KEHC 347 (KLR)
✦ The conviction for theft is upheld, and the sentence is reduced to 2 years. The conviction for being in possession of stolen goods is quashed.