Kenyan case law
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REPUBLIC v CHAIRMAN OF MWEA LAND DISPUTES TRIBUNAL & 3 others [2010] KEHC 1242 (KLR)
✦ The Tribunal acted ultra vires and exceeded its jurisdiction, and its award is quashed.
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JOHN MUCHAI MUNIU v DANIEL NG’ANG’A KABERERE [2010] KEHC 1324 (KLR)
✦ The respondent is ordered to pay rent from August 1995 until October 1998 at Kshs.3,960/= per month for all rooms, and from November 1998 to June 1998 at Kshs.12,000/= per month per room, totaling Kshs.246,480/-. The appeal succeeds with costs to the appellant.
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ISAAC NG’ANG’A v STEPHEN WAHOME & another [2010] KEHC 1271 (KLR)
✦ The court dismissed the appellant's suit on the ground that the agreement was unenforceable due to lack of a written contract as required by the Law of Contract Act.
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KANYI MACERA v JAMES MWANGI KANYI & another [2010] KEHC 1522 (KLR)
✦ No right of Appeal from a decision of the Land Disputes Tribunal to this court exists.
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SAMMY BENTLEY ALUSO & another v COMMISSIONER OF POLICE & 2 others [2010] KEHC 1243 (KLR)
✦ The dismissal of the ex-parte Applicants was unlawful due to unlawful orderly room proceedings, but an order for reinstatement cannot be made due to the public interest and principles of master and servant.
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REPUBLIC v MARITA SIMIYU MICHELE (Criminal Case 78 of 2008) [2010] KEHC 4152 (KLR) (27 September 2010) (Judgment)
✦ The court finds that the prosecution has not proved that the accused is guilty of murder and acquits her.
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REPUBLIC v S.C. MUTHEE, CHIEF BUILDING INSPECTOR, MUNICIPAL COUNCIL OF MOMBASA & another Ex-parte SALIM SAID KOI & 19 others [2010] KEHC 1238 (KLR)
✦ The Court declines to grant the orders sought in the chamber summons and orders that the name of the 13th Applicant who did not sign the letter of authority be struck out of the proceedings.
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NARENDRA SOLANKI v D. M. PANDYA [2010] KEHC 1101 (KLR)
✦ The application for a stay of proceedings is dismissed with costs
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CONSOLIDATED BANK OF KENYA v ISAAC KAMAU MUNYI [2010] KEHC 1527 (KLR)
✦ The judgment will remain undisturbed as the defendant did not raise a valid defense. The execution process was improper due to the lack of a notice of entry of the judgment.
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SAMUEL MAINA & 2 others v CHAIRMAN, SECRETARY AND TREASURER OF ASIAN FOUNDATION & another [2010] KEHC 1218 (KLR)
✦ The suit and application are struck out with costs.
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E. O.O v V.M [2010] KEHC 1065 (KLR)
✦ The court holds that the petitioner's marriage to the respondent has irretrievably broken down and grants the petition for divorce.
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In re Gladys Njeri Nduati (Debtor) [2010] KEHC 1374 (KLR)
✦ The debtor is not satisfied that she was candid in her examination and is not adjudged bankrupt.
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REPUBLIC v THE HON. ATTORNEY GENERAL & another [2010] KEHC 1345 (KLR)
✦ Application dismissed with costs to Respondents
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In Re The Matter of Zipporah Wambui Mathara (Bankruptcy Cause 19 of 2010) [2010] KEHC 4136 (KLR) (24 September 2010) (Ruling)
✦ The court grants the application for an order of stay of execution pending the determination of the bankruptcy petition.
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NOOR MOHAMED & 2 others v SALEH AWADH MOHAMED DAMMAN [2010] KEHC 592 (KLR)
✦ The court will allow the appellants' application to review the order and extend the time for depositing rent to 30 days from the date of the ruling.
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JULIE MIGARE v CO-OPERATIVE BANK OF KENYA [2010] KEHC 4166 (KLR)
✦ The application to strike out the plaintiff's plaint and paragraphs 3A, 7, 9A and 11 of the amended plaint was dismissed.
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CO-OPERATIVE BANK OF KENYA v PETER KIMANI [2010] KEHC 1398 (KLR)
✦ The suit is not time-barred and should proceed for trial.
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MARY NJOKI KIMANI & another v REGISTRAR OF COMPANIES [2010] KEHC 719 (KLR)
✦ The court declines to grant final orders and requests further information from the parties.
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ALLOYS O. ABOGE v DISCIPLINARY COMMITTEE OF THE LAW SOCIETY OF KENYA [2010] KEHC 1236 (KLR)
✦ The application is dismissed with costs.
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Murad Ebrahim Murad v another v Kenya Commercial Bank & another [2010] KEHC 734 (KLR)
✦ The application for an injunction is disallowed
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BILHA WARUGURU WANJOHI v REPUBLIC & 2 others [2010] KEHC 1237 (KLR)
✦ The application is dismissed with costs, finding it brought in bad faith and as an abuse of the court process.
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ISMAIL GULAMALI & 2 Others v STEPHEN KIPKATAM KENDUIYUA & 7 Others [2010] KEHC 605 (KLR)
✦ The applicants' application for recusal is dismissed, with costs awarded to the respondents.
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DIGI-TEL COMMUNICATIONS SYSTEMS LIMITED v ALCATEL LUCENT EAST AFRICA LIMITED [2010] KEHC 736 (KLR)
✦ The court directs the parties to subject themselves to arbitration in compliance with the agreement they had signed.
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Channel 2 Group Corporate (Channel 2) v Kenya Broadcasting Corporation (KCB) [2010] KEHC 1382 (KLR)
✦ The suit should not be struck out, and the application is dismissed with costs to the Respondent.
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EPHRAIM MAINA RWINGO & 2 Others v LALJI RALJI & 4 Others [2010] KEHC 622 (KLR)
✦ The court found that the defendants' construction was not illegal and that the plaintiffs did not have a prima facie case.