Kenyan case law
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Mukoma Mwenze Benjamin t/a Ben La Concorde v Scardale Investments Limited & another [2019] KEHC 1909 (KLR)
✦ The Plaintiff's claim for USD 133,567 is proved and judgment is entered for that amount. The Plaintiff is entitled to costs of the suit.
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Kevin Ndura Mbugua v David Kariuki Kiarie [2019] KEHC 1853 (KLR)
✦ The award of Kshs.2,500,000 for general damages is set aside and substituted with Kshs.1,500,000.
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C. M. Construction (E.A) Limited v Samwel Omina Mutinyu [2019] KEHC 1288 (KLR)
✦ The court dismissed the appeal and upheld the learned magistrate's ruling.
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Republic v Calvin Waweru [2019] KEHC 1639 (KLR)
✦ The accused has a case to answer and will be put on his defence
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Republic v County Government of Murang’a & 3 others Ex-Parte Peter Nduati Ruthi [2019] KEHC 1675 (KLR)
✦ The leave granted on 7th October 2019 to bring proceedings for the writs of certiorari, prohibition and mandamus shall operate as a stay of the impugned decision for a period of 90 days only within which period the ex parte applicant must set down the substantive notice of motion for hearing.
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In re Estate of David Nyikuri Olwika (Deceased) [2019] KEHC 1866 (KLR)
✦ Application dismissed due to respondent's absence and lack of proper service
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Ima Hauliers Limited v Mary Mwinjisi Amwaya & Blue Shuttle Co. Ltd (Civil Appeal 73 of 2017) [2019] KEHC 276 (KLR) (29 November 2019) (Judgment)
✦ The appeal is dismissed with costs, as the award of damages is not unreasonable given the passage of time and inflation.
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Philip Mwago v Lilian Njeri Thuo [2019] KEHC 1381 (KLR)
✦ The appellant was found 100% liable and the award of Kshs. 500,000/= in general damages was upheld.
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BON v AAO [2019] KEHC 1780 (KLR)
✦ The Appellant's appeal is dismissed. The Respondent is ordered to have actual custody, care, and control of the child. The Appellant is given access during alternate weekends and is ordered to pay maintenance, school fees, and medical cover. The Appellant is also ordered to bear his own costs.
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In re Estate of Kiniti Ndura (Deceased) (Succession Cause 1198 of 2002) [2019] KEHC 12144 (KLR) (Family) (29 November 2019) (Ruling)
✦ The land parcel does not form part of the estate of the deceased and the grant of letters of administration to Mwangi Kabaiku was not fraudulent.
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John Mweresa Kivuli Il & 3 others v Registrar of Societies & 4 others; Wilson Peterson Mbandu (Interested Party) [2019] KEHC 1761 (KLR)
✦ The application is dismissed as there is no merit in it and the applicants listed only five respondents to the application.
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Albert Kariuki Mundia v John Kiboi Wambugu [2019] KEHC 1706 (KLR)
✦ The proceedings in the magistrates' court together with the purported decision amounted to nothing more than a nullity. The respondent's suit in the magistrates' court is struck out.
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In re Estate of Luchibia Wangatia Alias Luchivia Wangatia (Deceased) [2019] KEHC 1820 (KLR)
✦ The application for confirmation of the grant is incompetent as it is not supported by a proper affidavit. The administrator is directed to file another confirmation application listing all surviving children of the deceased, both male and female, and their descendants.
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Margaret Mbua v James Kamau Mbua [2019] KEHC 1483 (KLR)
✦ The court orders the joint account to be closed and the interest to be shared at a 20:80 ratio, with the applicant receiving 80% and the respondent 20%.
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Kahindi Luo Kapepo v Republic [2019] KEHC 1696 (KLR)
✦ The appeal is dismissed as the sentence imposed was not manifestly excessive and the court is slow to interfere with the trial court's discretion.
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Jecinta Wangechi Mwangi v Republic [2019] KEHC 1616 (KLR)
✦ The sentence is set aside and substituted with a fine of Kshs 50,000/- and six months imprisonment.
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John Juma & 2 others v Patrick Lihanda & another; Zedekiah Orera & 4 others (Interested Parties) [2019] KEHC 1273 (KLR)
✦ The court declines to allow the petitioners to withdraw the suit, but allows them the liberty to do so, and orders the 1st respondent to apply to have his name removed as respondent.
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Proline Supaquick Limited v Kenya Oil Company Limited [2019] KEHC 1983 (KLR)
✦ The Plaintiff is not entitled to be refunded by the Defendant Ksh 2,098,777.25.
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Peter Njoroge Kamau v Mburu Mwangi Moses & another [2019] KEHC 1864 (KLR)
✦ The court allows the withdrawal of the suit and grants leave to amend the plaint and accompanying documents.
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Andrew Nganga Mukuria v Attorney General [2019] KEHC 1587 (KLR)
✦ The court dismissed the appeal, upholding the learned resident magistrate's decision.
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Rabut Nicholas Neal v University Council, University of Eldoret & 2 others [2019] KEHC 636 (KLR)
✦ The court granted leave to file for judicial review orders
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In re Estate of Anthony Gachoki Kariithi (DCD) [2019] KEHC 1578 (KLR)
✦ The restriction on the land parcel No. Inoi/Kariko/2275 should be removed
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Bank of India v Raman Enterprises Limited & 2 others [2019] KEHC 12431 (KLR)
✦ Judgment for the plaintiff for Kshs. 58,729,451.65 with interest at 13% per annum from 1st December 2012
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In re Estate of Shamalla Momo (Deceased) [2019] KEHC 1872 (KLR)
✦ The application dated 25 January 2014 is dismissed with costs to Elijah Kona Shamalla
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Cornella Apondi Ohanga (Suing as an administrator of the estate of Rosemary Anyango-Deceased) v Anthony Opiyo t/a Copper Belt Enterprises [2019] KEHC 1801 (KLR)
✦ The court granted the stay of execution and ordered the appellant to file and serve the memorandum of appeal within 7 days and the record of appeal within 60 days.