Kenyan case law
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Douglas Ojwang & another v Leakey Gitau Mwaura [2005] KEHC 1679 (KLR)
✦ Respondent's application to adduce additional evidence is dismissed
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John Bundi Nyagah v Kenya Power & Lighting Co. Ltd & 5 others [2005] KEHC 919 (KLR)
✦ The court dismissed the plaintiff's claims and ordered the plaintiff to pay the costs of the proceedings.
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David Mwangi Wanjohi v Republic [2005] KEHC 3159 (KLR)
✦ The conviction is quashed and the sentence set aside
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Automobile Warehouse (NKU) Ltd v Osumo Abima Nyaundi [2005] KEHC 396 (KLR)
✦ The suit should be transferred from Kisii to Nakuru CMCC as the cause of action arose at Nakuru and the applicant conducts its business there.
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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.
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Republic v Blasius Macharia Wamukira & 3 others [2005] KEHC 1954 (KLR)
✦ The court finds the prosecution failed to prove the identity of the perpetrators and that the deceased's death was due to mob justice, not the accused's actions.
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In Re the Estate of Kingori Wangombe Kihoro (Deceased) [2005] KEHC 2077 (KLR)
✦ The preliminary objection to the hearing of the application was upheld, and the application for revocation was dismissed for want of prosecution.
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Charles Wanjohi Wathuku v Githinji Ngure & another [2005] KEHC 1814 (KLR)
✦ The application is dismissed as the applicant has not properly sought leave to apply for an order of committal against the Respondent in the High Court Succession Cause No. 60 of 1997.
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Republic v Registrar of Co-operative Societies & another ex-parte John Githinji Wangondu & 8 others [2005] KEHC 399 (KLR)
✦ The order of surcharge was made under section 58 of the Act, which does not allow for surcharge but only for an inquiry into the affairs of the society. The applicants were not given a proper inquiry into specific allegations against them.
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PETER KEMBOI CHEMAGAT v KENYA ALLIANCE INSURANCE CO. LTD & another [2005] KEHC 315 (KLR)
✦ The application is dismissed with costs to the plaintiff.
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MOSES LESIAMON OLE MPOE & another v COMMISSIONER OF LANDS & 4 others [2005] KEHC 316 (KLR)
✦ The plaintiffs' suit is time barred under the Limitation of Actions Act and is incompetent.
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Samuel Wanjohi & another v Michael Ndirangu Karuku [2005] KEHC 1682 (KLR)
✦ The award of Ksh.100,000 in damages to the respondent is set aside. The respondent is awarded Ksh.15,000 in special damages.
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MEA LTD v C.S.B CHEPUTUK & J.J. CHERUIYOT T/A RIFT VALLEY FEEDS & GENERAL SUPPLIES LTD [2005] KEHC 303 (KLR)
✦ The court will hold the defendant's director, C.S.B CHEPUTUK, liable to settle the debts of the defendant company and will order him to agree with the plaintiff on how to settle the outstanding amount decreed by the court.
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BEATRICE E.J. YAGAN v JOSEPH YATOR [2005] KEHC 319 (KLR)
✦ The court dismissed the plaintiff's application for review
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Raj Kumari Gandhi v Barclays Bank of Kenya & another [2005] KEHC 1461 (KLR)
✦ The court grants the application for postponement of the auction.
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Mugoya Construction & Engineering Ltd v National Social Security Fund Board of Trustees & another [2005] KEHC 1579 (KLR)
✦ The court granted a temporary stay of 60 days from the date of the ruling, pending the making of an application for interim protection.
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Kagwimi Kang’ethe & Co. Adv v Mits Electrical Co. Ltd & 2 others [2005] KEHC 1831 (KLR)
✦ Judgment was entered against the respondents jointly and severally for the sum of Kshs.2,077,531.18 in terms of the certificate of costs dated 23rd May, 2005 together with interest thereon at 9% p.a. from 1st April, 2005 until payment in full.
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P AC v D C [2005] KEHC 1860 (KLR)
✦ The court finds constructive desertion proved and dissolves the marriage on terms agreed by the parties.
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Republic v Julius Waititu Muthuita [2005] KEHC 1979 (KLR)
✦ The accused is found guilty of murder
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Pancras T. Swai v Kenya Breweries Limited [2005] KEHC 1832 (KLR)
✦ The court extends the time for depositing the security for costs by 30 days and orders that the costs of the application be borne by the plaintiff.
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Priscilla Nyambura Njue t/a Nairobi Moscow Airways v Countryside Suppliers Limited & another [2005] KEHC 1925 (KLR)
✦ Both the judgment debtor and the garnishee are neither honest nor trustworthy. Their applications are hereby dismissed.
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Abdulrazak Khafan & another v Supersonic Travel & Tours Ltd & another [2005] KEHC 2015 (KLR)
✦ The defendants will make a down payment of Kshs.3 million by 31st August 2005, and the balance will be paid by 12 equal monthly instalments, with a default provision.
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Automobile Association of Kenya v James Jaguga [2005] KEHC 1677 (KLR)
✦ The learned magistrate was correct in finding the Appellant vicariously liable for Silas Imbagwa's acts, as the issue was raised in evidence and in written submissions by both parties.
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Joseph Maingi Mugwika v Muoroto Thuita Investment Ltd [2005] KEHC 1825 (KLR)
✦ The court granted the application to enlarge the time for the defendant to file its amended defence and to grant leave to the plaintiff to file a counterclaim.
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Nyamogo & Nyamogo v Bernard Wachira Gaita [2005] KEHC 1206 (KLR)
✦ Application is incompetent and is struck out.