Kenyan case law

Chacha v Mwita Manini [2002] KEHC 1198 (KLR)

✦ The plaintiff has not proved his case and the suit fails. The defendant is entitled to the land and is entitled to an order of eviction and permanent injunction.

Kuria & 3 others v Attorney General [2002] KEHC 1215 (KLR)

JOSEPH MWANZIA MULWA vs REPUBLIC [2002] KEHC 682 (KLR)

✦ The appeals are dismissed.

NOOR ADEN YEROW vs REPUBLIC [2002] KEHC 458 (KLR)

✦ The appeal against the conviction is summarily rejected. The sentence on each of the two counts is reduced to Six years imprisonment to run concurrently.

Housing Finance Company of Kenya Limited v Palm Homes Limited & 2 others[2002]2 KLR [2002] KEHC 1205 (KLR)

✦ Judgment entered against the second defendant as prayed in the plaint.

STEPHEN BERNARD ODUOR vs AFRO FREIGHT FORWARDERS [2002] KEHC 748 (KLR)

✦ The affidavit is struck out due to the contradiction in the swearing location, but the plaintiff's claim is not dismissed as it discloses a cause of action.

HILLFARM FRESH PRODUCE LIMITED vs REPUBLIC [2002] KEHC 1081 (KLR)

✦ The application is allowed, and the order of freezing the account is set aside

SANJAY SHAH ARUNJAIN vs REPUBLIC [2002] KEHC 223 (KLR)

✦ The court order to produce the bank books was valid, and the bank officers are not to be charged with disobeying a court order

PETER GICHUHI MWANIKI v AUGUSTINE MUCHIRI GATUNU [2002] KEHC 1037 (KLR)

✦ The Court allowed the appeal and directed that the dispute be reheard at the Lari Divisional Land Disputes Tribunal by a different panel of elders.

SOCIETY OF SACRED HEART vs MARY K. ODEMU [2002] KEHC 870 (KLR)

✦ The appeal is dismissed with costs.

In Re: S.R. (An Infant) [2002] KEHC 1046 (KLR)

✦ The court authorized the applicant to adopt the infant.

SAMUEL NJIRI KIMANI vs MOSES NDUNGU NJOROGE [2002] KEHC 865 (KLR)

✦ The appeal is dismissed with costs. The excess amount was not provided for in the agreement, and the respondent was entitled to the refund.

GILBERT KARIUKI NGATIA vs REPUBLIC [2002] KEHC 380 (KLR)

✦ The conviction for obtaining money by false pretenses is quashed, and the appellant is set free.

SOCFINAF KENYA LTD. vs PETER GUCHU KURIA & ANOTHER [2002] KEHC 820 (KLR)

✦ The appeal is dismissed.

SULEIMAN HAMED ADOW vs KAMULAT SUPPLIES LTD [2002] KEHC 830 (KLR)

✦ The appeal is allowed, the learned Magistrate's judgement is quashed, and the file is remitted to the Chief Magistrate's court for the purpose of quantifying damages.

In Re KINYENJE WANJUGU [2002] KEHC 247 (KLR)

✦ The Notice of Motion is granted as prayed.

JOHN MACHARIA MUHUNI vs AUSTIN OWN MWANGUTI AND LIONS EXPORT AND IMPORT AGENCY LIMITED. [2002] KEHC 237 (KLR)

✦ The application is granted in terms of prayers 1 and 2. No order as to costs.

Isaac Kamau Ndirangu v Commercial Bank of Africa [2002] KEHC 1162 (KLR)

✦ Application dismissed as frivolous and lacking in merit

FISHERMAN’S LEISURE INN LTD. & 2 OTHERS vs GIRO COMMERCIAL BANK LTD & ANOTHER [2002] KEHC 536 (KLR)

✦ The court dismisses the preliminary objection as the procedure adopted by the applicant does not allow the court to hear necessary evidence to make a restraining order.

Gerald Mukuha wagana & Another v Arvind D. Vibhakar & Another [2002] KEHC 559 (KLR)

✦ The learned Senior Resident Magistrate found the first and second defendants negligent and ordered them to pay damages to the plaintiff.

Saleh Buran Said Basmer v Said Ali Salim Dakik & others [2002] KEHC 562 (KLR)

✦ The Deputy Registrar's order is set aside and the parties are ordered to abide by the provisions of Order 20 Rule 7 (6).

IN THE MATTER OF THE ESTATE OF MOSES WAMAKIMA KINYANJUI ALIAS WAMAKIMA KINYANJUI (DECEASED) DAMARIS GATHONI WAMAKIMA vs SAMUEL KINYANJUI WAMAKIMA [2002] KEHC 1012 (KLR)

✦ Proceedings are struck out as irregular and incompetent

SAMUEL GITURUKU KIHIKO vs HOUSING FINANCE COMPANY OF KENYA LTD [2002] KEHC 738 (KLR)

✦ The court granted an injunction restraining the defendant from advertising, selling by public auction, or private treaty the plaintiff's land.

FUAD MOHMOUD MOHAMED vs KENYA OIL CO. LTD [2002] KEHC 575 (KLR)

✦ The preliminary objections are upheld, and the suit is stayed pending the determination of Nairobi HCC 886 of 2002.

FREDRICK NYAMWEYA NYANGWESO v DESH MORAA NYAMWEYA & ANOTHER [2002] KEHC 15 (KLR)

✦ The application succeeds and the same is allowed as prayed with costs.