Kenyan case law
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REPUBLIC v CITY COUNCIL OF NAIROBI [2008] KEHC 1254 (KLR)
✦ The court orders the Town Clerk to pay the decrees and costs to the applicant
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MWANIKI GITAU & CO. ADVOCATES v MOHAMED MOHAMOUN SAYED AHMED [2008] KEHC 4033 (KLR)
✦ The application is dismissed with costs to the respondent.
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JOHANNA MUTURI NJOGO v JOSEPH NJOGO MATHENGE & 2 others [2008] KEHC 1623 (KLR)
✦ The application is dismissed with costs to the respondents
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DALBIT PETROLEUM LTD v DONAS SEKWEKWE KALINDA [2008] KEHC 1365 (KLR)
✦ The court grants the application, but the defendant is not to be arrested if he pays USD152,319.17.
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JAMES KARURI NDEGWA & another v NDEGWA MBITI & another [2008] KEHC 1620 (KLR)
✦ The application is dismissed with costs
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REPUBLIC v NZUSI KALUME TSUMA & 2 others [2008] KEHC 1116 (KLR)
✦ The court excuses the delay and dismisses the motions to dismiss the charges of murder.
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PHILLIP J. WISHAMINYA v UNITED DISABLED PERSONS OF KENYA & another [2008] KEHC 1302 (KLR)
✦ The Defendants are ordered to pay the Plaintiff the sum of Kshs.2,006,975/= in general damages.
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MICHAEL WANGOMBE GITITU v REPUBLIC [2008] KEHC 1619 (KLR)
✦ The appeal is allowed, the conviction is quashed, and the sentence is set aside. The fine of Kshs.30,000/= if paid by the appellant should be refunded.
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MILLICENT NJERI MBUGUA v ALICE WAMBUI WAINAINA [2008] KEHC 1518 (KLR)
✦ The appeal is allowed, and the order of the learned Senior Principal Magistrate dated 10th April, 2002 is set aside. The grant of letters of administration is confirmed to the respondent, and the appellant's protest is allowed with costs to the respondent. Stanley Maringa Gathogo and Julius Ngugi Ngaruiya are not entitled to a share of the estate as their purchase of the portion of the suit premises was illegal.
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EBONY DEVELOPMENT COMPANY LTD v STANDARD CHARTERED BANK LTD [2008] KEHC 1363 (KLR)
✦ The application for temporary injunction and lis pendens order is dismissed.
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LEVI BUDINGA JOTHAM v MUSA LWIGADO [2008] KEHC 1563 (KLR)
✦ The Appeals Committee and the Vihiga Land Disputes Tribunal had no jurisdiction to determine the issue of ownership, which is pegged to contractual issues. The appeal is allowed. The decision of the Provincial Appeals Committee and the Vihiga Land Disputes Tribunal is set aside.
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KEATS NJUGUNA MUCHIRI v MASH EXPRESS LTD [2008] KEHC 1290 (KLR)
✦ The doctrine of res ipsa loquitor is applicable, and the Plaintiff is awarded Kshs.1,740,000 for loss of dependency. No damages are awarded for pain and suffering. The Plaintiff is awarded Kshs.100,000 for special damages.
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JOSEPH AMAI ETYANG v REPUBLIC [2008] KEHC 79 (KLR)
✦ The application for bail pending appeal is dismissed as the applicant has not demonstrated overwhelming chances of success in his appeal and the fact that he is undergoing treatment for Tuberculosis, by itself, does not justify grant of bail pending appeal.
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ANYASI OLUSESE & another v STANDARD LIMITED & another [2008] KEHC 1300 (KLR)
✦ The court held that the cancellation of the conference invitation did cause financial loss to the Plaintiff, and that he was employed by the MCSK Board as a representative from the Attorney General's office.
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REPUBLIC v KIRAMBIA ICHERIA [2008] KEHC 1554 (KLR)
✦ The O.B. entries sought to be produced in evidence are inadmissible as they constitute a confession under section 25A of the Evidence Act.
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ISAAC MHIGA CHANZU T/A CHANZU ENTERPRISES v KENYA SHELL LIMITED [2008] KEHC 1348 (KLR)
✦ The court dismissed the application for injunction, finding that the plaintiff failed to establish a breach of the agreement and that damages would be an adequate remedy.
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SOSPETER MURIMI MBOGO v MWANGI CHEGE & another [2008] KEHC 1622 (KLR)
✦ The appeal is allowed and the learned magistrate's order is set aside. The case is retried before another magistrate.
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JOHN MAINA KARIUKI v REPUBLIC [2008] KEHC 1512 (KLR)
✦ The trial is declared a nullity and the conviction and sentence are set aside.
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BERNARD KIAI NGARUIYA v REPUBLIC [2008] KEHC 1553 (KLR)
✦ The conviction for indecent act with a child is set aside, and the appellant is released
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MICHAEL MUEMA KANYUMU v NTHENYA MUTUA & 4 others [2008] KEHC 1305 (KLR)
✦ The Plaintiff is the registered proprietor of the suit land and is entitled to the orders sought.
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CROSSLEY HOLDINGS LTD v NAGENDRA SAXENA & 3 others [2008] KEHC 1346 (KLR)
✦ The application to transfer the suit from Nairobi to Kisumu is dismissed
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Najma Mohammed v Pollmans Tours and Safaris Ltd [2008] KEHC 563 (KLR)
✦ The plaintiff should not refer to the supplementary list of documents filed on 13th July, 2006.
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REPUBLIC v GEORGE KURIA GABRIEL [2008] KEHC 1421 (KLR)
✦ The proceedings are null and void due to the illegality of holding the accused beyond the constitutionally permitted period.
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PETER NKOIDILLA & 4 others v CHIEF MAGISTRATE’S COURT AT KISII [2008] KEHC 1579 (KLR)
✦ The application for leave to apply for judicial review and for transfer of case is dismissed as the applicants do not have a prima facie arguable case in judicial review.
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ELISHA AKECH CHIENG & another v NATIONAL HOUSING CORPORATION [2008] KEHC 1473 (KLR)
✦ The plaintiffs have not shown a right being infringed and the application is dismissed.