Kenyan case law
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AGGREY AMUGUNE AKWIYANGA v INDERPAL SINGH (K) LIMITED [2008] KEHC 819 (KLR)
✦ The application is dismissed with costs to the respondent.
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KIRINYAGA CONSTRUCTION (K) LTD v BOBBIN EPZ (K) LIMITED [2008] KEHC 1494 (KLR)
✦ The application is dismissed with costs to the Respondent, and the Plaintiff is directed to deposit Kshs.34 million within 14 days.
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NEWTON KOGI KIBURI v MEENYE AND KIRIMA ADVOCATES [2008] KEHC 4004 (KLR)
✦ Defendants are committed to prison for six months for contempt of court.
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REPUBLIC v DEIZE CHELANGAT KIRUI [2008] KEHC 975 (KLR)
✦ The court directs the police to contact a close relative of the accused to interview the Provincial Psychiatrist.
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REPUBLIC v NOOR ALIO OMAR [2008] KEHC 1243 (KLR)
✦ The court finds that there was a gross violation of the accused's rights under Section 72(3) and 77 of the Constitution, but the delay was reasonable and the case is advanced, thus rejecting the application.
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KARURI HOTELS LTD v LIQUOR LICENCING COURT, MOMBASA [2008] KEHC 1577 (KLR)
✦ The application is granted, and the applicant is allowed to file Judicial Review proceedings for mandamus.
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RINYA HOSPITAL LTD v . CO-OPERATIVE BANK OF KENYA LTD & another [2008] KEHC 1470 (KLR)
✦ The court held that the defendants' sale of the property was premature and illegal, and granted the plaintiff's application.
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MUNICIPAL COUNCIL OF THIKA v INDUSTRIAL COURT OF KENYA [2008] KEHC 903 (KLR)
✦ The application is dismissed with the applicant bearing the costs.
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NEWTON KOGI KIBURI V MEENYE AND KIRIMA ADVOCATES [2008] KEHC 44 (KLR)
✦ The court committed the respondents to prison for six months for refusing to obey or continuing to disobey the court's orders. The court also struck out all the parties' invalid papers.
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BATHLOMEW KABURU v REPUBLIC [2008] KEHC 1540 (KLR)
✦ The appeal has an overwhelming chances of success and the applicant is ordered to be released on cash bail of Kshs. 10,000/= pending the hearing and determination of the appeal.
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BRINKS SECURITY SERVICES LTD. v NEW KENYA CO-OPERATIVE CREAMERIES LTD. [2008] KEHC 1476 (KLR)
✦ The third Defendant’s Notice of Motion is dismissed with costs, but only to the first and fourth Defendants.
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Munga & 10 others ((suing on their own behalf and on behalf of 367 employees of African Safari Club Limited) v African Safari Club Limited (Petition 564 of 2004) [2008] KEHC 1532 (KLR) (Constitutional and Human Rights) (26 September 2008) (Judgment)
✦ The petition is dismissed as an abuse of the court process and the costs are met by Kurauka & Co. Advocates.
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In Re Adoption of P (Infant) [2008] KEHC 1655 (KLR)
✦ The court grants the adoption order, allowing the applicants MN and NK to adopt the infant baby P. henceforth to be known as MKN whose date of birth shall be recorded as 5th May, 2004.
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PANTHION LIMITED v INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION [2008] KEHC 1485 (KLR)
✦ Interest from the date of filing the suit until the date of judgment is ordered for the plaintiff
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PATRICK MWENDA BUCHA v RAPHAEL MAINKA OLE SEYA & another [2008] KEHC 1105 (KLR)
✦ Judgment for the plaintiff on the proved further spent damages of Kshs.109,970.
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KAHUTHU AND KAHUTHU ADVOCATES v KENYA TEA DEVELOPMENT AGENCY LTD & another [2008] KEHC 4008 (KLR)
✦ The application is granted.
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REPUBLIC v GEORGE KAMAU MAREGA [2008] KEHC 4000 (KLR)
✦ The court declares the proceedings null and void ab initio and orders the accused be set at liberty.
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EVANS ENDUSA ONZERE v BARLCAYS BANK OF KENYA LTD [2008] KEHC 823 (KLR)
✦ The court found in favor of the plaintiff, awarding him Kshs. 6,104,050.00 in total, including 3 months' salary in lieu of notice, payment for the two days worked in September 2002, service pay, and outstanding leave pay.
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PROXY AUTO CONSULTANTS LTD v KENYA COMMERCIAL BANK LTD & 2 others [2008] KEHC 1065 (KLR)
✦ The application must fail as the plaintiff is guilty of material non-disclosure and the principle of Snell's Equity and the case of Kenya Breweries Ltd. Vs Okeyo is reiterated.
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JOSEPH OMWAMBO OWITI v MAGADI SODA CO. LTD & another [2008] KEHC 1480 (KLR)
✦ The application for review is dismissed with costs to the respondent.
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CFC BANK LIMITED v CHARLES K. ARAP TANUI [2008] KEHC 3814 (KLR)
✦ The application is dismissed with costs to the Respondent.
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CECILIA WAIRIMU NJAGI & another v JACKSON MURITHI KATHONGO & another [2008] KEHC 1535 (KLR)
✦ The court orders that the suit be heard and determined in the High Court at Nairobi
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COASTAL ENTERPRISES LIMITED v ATTORNEY GENERAL [2008] KEHC 1483 (KLR)
✦ The judgment entered in default of appearance and defence is irregular and must be set aside ex debito justitiae.
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MWANIKI NYAMU v TIMES NEWS SERVICES LTD & 4 others [2008] KEHC 4010 (KLR)
✦ Paragraphs 4, 5, 6, and 7 of the plaint are struck out as against the 4th and 5th Defendants.
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REPUBLIC v MINISTER FOR ENVIRONMENTAL AND NATURAL RESOURCES & another [2008] KEHC 837 (KLR)
✦ The Preliminary Objection is dismissed with costs to the respondent/applicant