Kenyan case law
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JUSTUS MUNUVE KILONZO v JOSEPH MUTUNGU MUNUVI [2005] KEHC 347 (KLR)
✦ The court grants an injunction restraining the defendant from wasting, damaging, alienating, selling, or disposing of the plaintiff's land.
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Republic v Juma Boniface Munywoki & another [2005] KEHC 1050 (KLR)
✦ The court found the prosecution failed to prove the accused committed the murder beyond reasonable doubt and acquitted both accused.
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ATHI STORES LTD V KENYA AGRICULTURAL RESEARCH INSTITUTE & ANOTHER [2005] KEHC 655 (KLR)
✦ The court denies the application for transfer as the court in which the suit was filed had jurisdiction to try the case.
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In Re the Estate of Ruth Mueni Mutunga [2005] KEHC 857 (KLR)
✦ The court orders the Respondent to preserve the estate and not interfere with it. He is restrained from organizing fundraising to offset the deceased's bills and is allowed to use the household goods listed in the applicant's affidavit but not to get rid of them or adversely interfere with them.
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Republic v George Kioko Muatha [2005] KEHC 1052 (KLR)
✦ The court finds no evidence connecting the accused with the offence and acquits him of the charge
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National Industrial Credit Bank Ltd v Barclays Bank of Kenya Limited & another [2005] KEHC 1763 (KLR)
✦ The court ordered the plaintiff to pay the 2nd defendant Kshs 400,000 within 14 days and to release Kshs 2 million to the 2nd defendant's counsel's account, pending appeal.
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Kenya Planters Co-operative Union Ltd v Stephen Nyaga Kimani & another [2005] KEHC 1838 (KLR)
✦ The judgment is entered against the 1st defendant as prayed in the plaint, with costs to the plaintiff. The case against the 2nd defendant is dismissed.
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MEHTA ELECTRICAL LIMITED & 4 OTHERS V N.K. BROTHERS LIMITED & ANOTHER [2005] KEHC 530 (KLR)
✦ The application to stay proceedings pending arbitration is dismissed. The arbitration clause is not applicable to the plaintiffs' claim as the 2nd defendant is not privy to the subcontracts and therefore not liable to the plaintiffs' claim.
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Mehta Electrical Limited & 4 others v N. K. Brothers Limited & another [2005] KEHC 1706 (KLR)
✦ The arbitration clause is not operative in favor of the 2nd defendant, and the application to stay proceedings pending arbitration is dismissed.
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NATIONAL CEREALS AND PRODUCE BOARD v UAP PROVINCIAL INSURANCE COMPANY LIMITED & 3 OTHERS [2005] KEHC 140 (KLR)
✦ The plaintiff's suit is struck out with costs to the defendants.
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Lawrence Kipchumba Yego & another v Mugoya Construction & Engineering Limited [2005] KEHC 1520 (KLR)
✦ The plaintiffs' application is dismissed with costs to the defendant due to the unverified plaint and the fraud allegations.
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JC P v A M P (Divorce Cause 94 of 2003) [2005] KEHC 2231 (KLR) (Family) (15 August 2005) (Judgment)
✦ The petition for dissolution of marriage is dismissed for want of prosecution. The cross-petition for dissolution of marriage is proceeded with.
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RYCE MOTORS LIMITED V JONATHAN KIPRONO RUTO & ANOTHER [2005] KEHC 576 (KLR)
✦ The plaintiff's application for stay is granted, and the plaintiff is ordered to provide Kshs 7.5 million to the defendant's counsel within 30 days.
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NAKUMATT HOLDINGS LIMITED v NATIONAL ENVIROMENT MANAGEMENT AUTHORITY & another [2005] KEHC 18 (KLR)
✦ The appeal is dismissed, and the 1st Respondent is directed to issue an EIA license to Great Properties Limited.
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Richard Thuku Murimi v Cyrus Kimotho & 10 others [2005] KEHC 1553 (KLR)
✦ The Applicant's Chamber Summons dated 30th October 2002 is hereby dismissed with costs to Respondents.
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David Gichira Judy v Republic (No. 2) [2005] KEHC 1959 (KLR)
✦ The convictions of all the appellants are unsafe and cannot stand.
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John Ndeto Kyalo v Kenya Tea Development Authority & another [2005] KEHC 1489 (KLR)
✦ The plaintiff's claims for false imprisonment and malicious prosecution are dismissed. The plaintiff is awarded sh. 662,149.30 for wrongful dismissal.
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Isaac Waweru Mwangi v Ndungu Mwangi & 2 others [2005] KEHC 2030 (KLR)
✦ The appeal is allowed with costs, and the decision of the Tribunal is set aside.
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Kenya Bus Services Ltd & another v Henry Kipkemboi & another [2005] KEHC 2126 (KLR)
✦ Both the bus driver and the police officer are held equally liable for the accident.
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Kenya Breweries Ltd v Godfrey Odoyo (Civil Appeal 480 of 2002) [2005] KEHC 2127 (KLR) (Civ) (8 August 2005) (Judgment)
✦ KBL is held fully accountable and liable for negligence and breach of duty of care to Odoyo. The award of Kshs.70,000/= for general damages is set aside and substituted with Kshs.20,000/=
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Veronica Wanjiku Kaguma v Peter Karani Mutonyi [2005] KEHC 2025 (KLR)
✦ The Court allows the application and orders that the Memorandum of Appeal be filed and served within the next 7 days.
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Alfred Nephat Mwaniki v Barclays Bank of Kenya Ltd [2005] KEHC 1916 (KLR)
✦ The Court held that the Plaintiff's resignation was not valid and was coerced.
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In Re the Estate of Vasudev Mohanlal Devani (Deceased) [2005] KEHC 2070 (KLR)
✦ Application to revoke grant of administration dismissed with no order as to costs
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TELKOM KENYA LTD v WATERBUCK HOTEL LTD [2005] KEHC 307 (KLR)
✦ The plaintiff's application to set aside the dismissal of the suit is allowed. The order of dismissal is set aside, and the suit is reinstated to hearing. The plaintiff shall pay costs to the defendant.
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Peter Gachie Maina v Republic [2005] KEHC 1957 (KLR)
✦ The conviction is quashed and the sentence set aside due to the trial being conducted by an incompetent prosecutor and the appellant's constructive possession of stolen goods.