Kenyan case law

YELLOW PAGES PUBLISHING & MARKETING LIMITED vs NEWSTRACKERS PUBLISHERS LIMITED [2003] KEHC 177 (KLR)

✦ The application is dismissed with costs to the respondent

James Munga Nganga v Republic [2003] KEHC 460 (KLR)

✦ The appellant's conviction and sentence are set aside, and he is acquitted.

SILVESTER KIOKO NZIOKA vs REPUBLIC [2003] KEHC 382 (KLR)

✦ The conviction and sentence are upheld as the evidence was consistent and the appellant was attempting to load maize with a forged cheque.

ZAINABU GA vs VALENTINE EDUCATION LTD. ) M.A. JAGANI AUCTIONEERS) [2003] KEHC 797 (KLR)

✦ The application is granted, the supplementary affidavit is deemed properly on record, and a further affidavit must be filed and served within 3 days.

Hilary Ingwe Saywen v Republic [2003] KEHC 365 (KLR)

✦ The conviction is quashed and the appellant is set free

Howse & Mcgeorge Ltd. v J.G. Kagua [2003] KEHC 671 (KLR)

✦ The appeal is allowed, and the lower court judgment is set aside. The respondent's suit is dismissed with costs.

Ite Farmers Co-Operative Society Ltd. v Commissioners of Lands & 4 others [2003] KEHC 728 (KLR)

✦ The 3rd, 4th, and 5th defendants have indefeasible titles in respect of their respective plots, and the plaintiff has not shown a prima facie case with a probability of success.

SIMON MOKOYA ASANYO VS BILHA KWAMBOKA MISATI [2003] KEHC 867 (KLR)

SIMON NIVEN MURRAY WILSON vs KENYA SHELL LTD [2003] KEHC 642 (KLR)

✦ The application for summary judgment is dismissed. The defense raises issues that should be resolved at hearing and leave is granted to the defendant to defend.

JOHN M. KAMIA vs GIRO COMMERCIAL BANK LIMITED [2003] KEHC 821 (KLR)

✦ The court granted the injunction on condition that the applicant deposits KSh.150,000 within 15 days and prepares the appeal within 60 days.

TERESIA CHELAGAT TUWEI & ANOTHER v ALBERT SAINA [2003] KEHC 17 (KLR)

✦ The appeal is allowed, the decree purported to have been amended and re-issued is set aside, and the decree dated 17th July 1997 is reinstated. The appellants are awarded the costs of the appeal.

S.D. vs P.D. [2003] KEHC 524 (KLR)

✦ The marriage between the Petitioner and the Respondent is dissolved.

ESTHER NYARUAI vs UNITED INSURANCE CO. LTD [2003] KEHC 635 (KLR)

✦ Judgment for the plaintiff in the sum of Kshs.559,100, all inclusive, and costs of the suit.

SALIM KOYA MURAMBA vs REPUBLIC [2003] KEHC 540 (KLR)

✦ The conviction for indecent assault is upheld, but the sentence is reduced to two years imprisonment.

GABRIEL MUCHIRA MWENJA V REPUBLIC [2003] KEHC 463 (KLR)

✦ The conviction is quashed and the sentence set aside

JACOB MATHENGE NJOGU vs REPUBLIC [2003] KEHC 351 (KLR)

✦ The appeals are allowed, convictions are quashed, and sentences are set aside.

GIDEON NYAGA MUTURI vs REPUBLIC [2003] KEHC 830 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence.

Gilbert Seii v Fredrick K Cheserek & another [2003] KEHC 964 (KLR)

✦ The plaintiffs claim against the first defendant is dismissed. The plaintiffs claim against the second defendant is allowed. The second defendant is ordered to allocate an alternative parcel of land of the same measurements and user to the plaintiffs satisfaction. The second defendant will pay costs both to the plaintiff and the first defendant.

GEORGE OMONDI v REPUBLIC [2003] KEHC 329 (KLR)

✦ Conviction is quashed and sentence of two years and 4 strokes is set aside. A retrial is ordered before another magistrate.

EVERIL ELAINE TRACEY V REPUBLIC [2003] KEHC 325 (KLR)

✦ The conviction and sentences are upheld

JOHN MARIC KULET vs REPUBLIC [2003] KEHC 354 (KLR)

✦ The appeal is dismissed. The conviction is upheld, but the sentence is set aside.

SOLOMON M. ANAMPIU vs MTCHEL COTTS KENYA LIMITED [2003] KEHC 801 (KLR)

✦ The plaintiff was entitled to severance pay and the judgment is for Kshs.5,321,500/= in form of redundancy dues plus costs and interest.

GULF OIL CO. W.L.L. V OWNERS OF THE MOTOR TANKER “TOOFAN” ) & OWNERS OF THE MOTOR TANKER “APEXS II” [2003] KEHC 887 (KLR)

✦ The court grants the application for judgment in default and orders the appraisement and sale of the motor tanker 'APEXS II' with the proceeds to be paid into court.

George Ngodhe Juma,Peter Okoth Alingo,Susan Muthoni Nyoike v Attorney-General [2003] KEHC 192 (KLR)

✦ The State is obliged to provide an accused person with copies of witness statements and relevant documents

MARIA EYER FELSHIN V ZVUBDEB HIGB DAVID & ANOTHER [2003] KEHC 607 (KLR)

✦ The court dismissed the defendants' motion for stay of execution, finding that they have not met the conditions for a stay and have not shown substantial loss.