Kenyan case law

WANYEE BOOKSHOP LIMITED vs UCHUMI SUPERMARKETS LTD. [2003] KEHC 773 (KLR)

✦ The Tribunal Chairman was justified to dismiss the Appellant's application to set aside the judgment.

REPUBLIC vs NELSON KAZUNGU FUNDI .. [2003] KEHC 270 (KLR)

FAIRVIEW HOTEL LIMITED v NISHA MAINI CHAL [2003] KEHC 42 (KLR)

✦ The ex-parte judgment was irregular as there was no default to enter appearance and file a defence.

FRANCIS KARANJA MWANGI vs REPUBLIC [2003] KEHC 317 (KLR)

✦ The sentence imposed was appropriately arrived at and well considered, and the appeal against the sentence is dismissed.

LUCY NDUTA KINYANJUI vs LUKA KANYINYO RUTH WANJIKU KINYANJUI [2003] KEHC 135 (KLR)

✦ The protestor's claim regarding the value of distributed properties is dismissed. The protestor's claim about the income tax liability on one of the properties is also dismissed.

YUSSUF MOHAMED SALAT vs IDRIS ALI AHMED [2003] KEHC 803 (KLR)

✦ The respondent's actions were not in contempt of court as they were not sanctioned by law.

JOHN KARANI NGIRI vs REPUBLIC [2003] KEHC 305 (KLR)

✦ The Appellant's conviction and sentence are upheld

FRANCIS LOSURU vs REPUBLIC [2003] KEHC 157 (KLR)

✦ The appeal is allowed and the sentence is reduced to 3 years imprisonment from the date of the sentence.

GEORGE KAGUORA NDUATI vs REPUBLIC [2003] KEHC 429 (KLR)

✦ The sentence is reduced to the period already served, and the appellant is released.

FELISTA WANJIRU NYINGI V SAMUEL CHEGE GACHIE [2003] KEHC 764 (KLR)

✦ The appeal is dismissed with no order as to costs

IAN ALEXANDER COWIE vs HUGH RICHARD COWIE & ANOTHER [2003] KEHC 626 (KLR)

✦ The application is dismissed

GEOFFREY NG’ANG’A vs ATTORNEY GENERAL [2003] KEHC 588 (KLR)

✦ A sum of Kshs.200,000/= shall be awarded to the plaintiff for pain, suffering, and damages.

TWALIB SWALEH SALIM vs ALI MOHAMED MWINZAGU [2003] KEHC 502 (KLR)

✦ The court grants the prayers of the Originating Summons, finding that the title of the deceased and his heirs and executors and the defendants was extinguished under Section 17 of the Limitation Act. The plaintiffs are entitled to be registered as the owner of the subject plot.

In Re ELIJAH WANJAU KAMAU (Deceased) [2003] KEHC 870 (KLR)

✦ The court finds a presumption of marriage between the deceased and Elizabeth based on long cohabitation and repute. Elizabeth is therefore the deceased's widow for succession purposes.

GEORGE WILLIAM OMUYA vs REPUBLIC [2003] KEHC 409 (KLR)

✦ The conviction for grievous harm is quashed, and the appellant is sentenced to two years imprisonment for assault causing actual bodily harm, to run concurrently with the sentences for assault causing actual bodily harm in counts 1 and 2.

HEMON SANI ONSONGO vs REPUBLIC [2003] KEHC 423 (KLR)

✦ Convictions upheld, sentence for both counts set aside and substituted with a term of imprisonment for the term already served

Garden Square Ltd v Kogo & another [2003] KEHC 955 (KLR)

✦ The suit and application for injunction are struck out with costs to the defendants due to the suit being res judicata.

INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION vs SHARIF HASSAN ALWI T/A STARLIGHT HOTEL LIMITED [2003] KEHC 632 (KLR)

✦ The consent order is not breached, and the attachment made by the auctioneer is premature and not justified. The attachment and costs are lifted.

G. J. MONZARIA vs LAWSON KAMAU MBUGGUS [2003] KEHC 185 (KLR)

HASSAN MOHAMED vs REPUBLIC [2003] KEHC 355 (KLR)

✦ The conviction of the appellant for defilement is quashed and sentence is set aside

SOSPETER OJAAMONG vs LINET AMONDI AJAAMONG NEE LINET AMONDI OTIENO [2003] KEHC 184 (KLR)

✦ The summons is incompetent and is ordered struck out with no order as to costs.

Grace Wanjiku v Southern Credit Banking Corporation Ltd & another [2003] KEHC 478 (KLR)

✦ The application is dismissed, and the Plaintiff/Applicant is ordered to pay the costs of the Defendants/Respondents.

GILBERT KANYEKI MUCHEMI vs ROBERT MAINA MUCHEMI [2003] KEHC 902 (KLR)

✦ The appellant is entitled to bear the costs of the suit and the respondent is entitled to the costs of the appeal.

FARIDA AHMED HASSAN vs IMPERIAL BANK LTD. [2003] KEHC 652 (KLR)

✦ The application for injunction is for rejection and the same is hereby dismissed, with costs to the defendant.

TRUPHENA ADHIAMBO vs NZINGO,NICOLAS THUVA KALUME,MICHAEL GIN,EARNEST GAKAI [2003] KEHC 688 (KLR)

✦ The application is allowed, and the chamber summons dated 25th June 2002 is reinstated with the orders in existence as of 4/3/2003.