Kenyan case law

KINGSWAY TYRES LIMITED v PAWS AFRICA SAFARIS LIMITED [2008] KEHC 1203 (KLR)

✦ The exparte judgment is set aside, and the Defendant is granted leave to defend the suit with 14 days to file and serve its defence.

SUSAN MUMBI WAITITU & 2 others v MUKURU NDATA & 4 others [2008] KEHC 909 (KLR)

✦ The plaintiffs' claim for adverse possession is dismissed as they are family members of the defendant and their occupation was not adverse to the defendant's interest. The defendant's trust claim is also dismissed as the plaintiffs failed to prove the land was ancestral.

JOSEPHAT WANJOHI MWANGI v REPUBLIC [2008] KEHC 1573 (KLR)

✦ The court allows the appeal, quashes the conviction and sentence of death, and sets the appellant free.

RIVERSIDE FARM NURSERY SCHOOL LLD & another v COOPERATIVE BANK OF KENYA LIMITED [2008] KEHC 792 (KLR)

✦ The application for injunction is dismissed with costs to the defendant.

In Re Estate of Mukuru Maigua (Deceased) [2008] KEHC 166 (KLR)

✦ Maigua's application for revocation of grant is dismissed with costs to Mugai Mukuru.

In Re estate of Samuel Githumbi Thua (Deceased) [2008] KEHC 811 (KLR)

✦ The application is allowed limited to prayer 2 of the application, seeking a stay of execution of all the consequential orders arising from the confirmed grant.

JOSEPH WAHOME MUTURI v MUNICIPAL COUNCIL OF NYERI [2008] KEHC 1384 (KLR)

✦ The judgment of the Chief Magistrate's Court is set aside

GEOFFREY MUREITHI v GERISHON KARUARE KIMANGA & 2 others [2008] KEHC 1379 (KLR)

✦ The plaintiff's suit is dismissed as time-barred

LEOPARD ROCK MICO LTD v ELECTRICAL SERVICES LTD [2008] KEHC 1265 (KLR)

✦ The application is dismissed with costs to the respondent due to inordinate and unexplained delay in prosecuting the matter.

CLAYWORKS LTD v DAVID GITAHI NJUGUNA [2008] KEHC 1377 (KLR)

✦ The applicant's notice of motion is allowed, and the applicant is ordered to file and serve his memorandum of appeal within 15 days from the date of this order.

NICHOLAS KANGANGAI MURIUKI v REPUBLIC [2008] KEHC 1417 (KLR)

✦ The learned Principal Magistrate's ruling is set aside, and the High Court is ordered to determine the constitutional question.

JNK v AWK [2008] KEHC 592 (KLR)

✦ The court orders the dissolution of the marriage and issues a decree nisi.

MT. KENYA PETROLEUM DISTRIBUTORS LTD v KRISHAN BEHAL & SONS [2008] KEHC 911 (KLR)

✦ The appeal is allowed. The learned Magistrate's orders are set aside. The appellant's application for summary judgment is allowed with costs. The respondent's application to strike out the suit is dismissed with costs.

KENYA PORTS AUTHORITY v BAUMANN ENGINEERING LTD & another [2008] KEHC 1188 (KLR)

✦ Sabre was validly served and entered an appearance, so the Chamber Summons was properly dismissed.

In Re Estate of Humphrey Githinji Ikama (Deceased) [2008] KEHC 162 (KLR)

SAMUEL KIHARA WAMBUGU v PETER GITAHI KAMAU [2008] KEHC 910 (KLR)

✦ The appeal is allowed and the judgment of the lower court is set aside. The proceedings were a nullity due to the estate's value exceeding the jurisdiction of the Magistrate's court in succession matters.

MARK RAYS EAST AFRICA LIMITED v KENYA INDUSTRIAL ESTATES LIMITED [2008] KEHC 1192 (KLR)

✦ The draft amended plaint is defective and should be struck out

JAMES MAINGI v SAMUEL MUKURIA) & 2 others [2008] KEHC 1215 (KLR)

✦ The court finds that the acknowledgment was made voluntarily and the purported retraction was only an attempt to avoid making the promised payment. The respondent's claim was therefore established.

AGGREY PETER THANDE v CO-OPERATIVE BANK OF KENYA LIMITED [2008] KEHC 1202 (KLR)

✦ The judge sets aside the proceedings heard before him on September 22, 2008 and directs that the application be argued afresh before Hon. Khaminwa, J.

CREATIVE INNOVATIONS LIMITED v PETROLUBE KENYA LIMITED & 3 others [2008] KEHC 1212 (KLR)

✦ The final judgment entered in default of defence and memorandum of appearance together with all the consequential orders are set aside. The defendants are granted 14 days to file and serve their statement of defence. The cost of the application will be borne by the Plaintiff/Respondent.

ADOLF MUYOTI & another v THOMAS MICHA SAWE [2008] KEHC 1214 (KLR)

✦ The appeal is unsustainable and dismissed with costs.

In Re matter of Gideon Mwiti Irea (Debtor) [2008] KEHC 1367 (KLR)

✦ Receiving Order dated 28th April 2008 is annulled

JACKSON N. WACHUGA v EASTERN KITUI STORES LIMITED [2008] KEHC 799 (KLR)

✦ The plaintiff's application is dismissed with costs, as the defendant company is no longer in existence and cannot be restored to the register.

ANN MUKAMI MUCHIRI v DAVID KARIUKI MUNDIA [2008] KEHC 1380 (KLR)

✦ The appeal is allowed, and the judgment of the Chief Magistrate's Court is set aside. The appellant is awarded Kshs.1,355,398/= in total damages, with specific apportionment among the dependants.

ABDUL SHAKOOR KHILJI v CITY SQUARE PROPERTIES LIMITED [2008] KEHC 821 (KLR)

✦ An injunction is granted to restrain the Defendant from interfering with the Plaintiff's quiet possession of the premises until the suit is heard and determined.