Kenyan case law
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REPUBLIC v AWENDO LAND DISPUTES TRIBUNAL & another [2010] KEHC 813 (KLR)
✦ The 1st respondent, the Awendo Land Disputes Tribunal, did not have jurisdiction to hear and determine the claim by the 1st interested party regarding the ownership of the suit land. The decision of the 1st respondent is null and cannot stand.
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STEVE OMACHE ONDITI OMWEGA v KENYA ECUMENICAL CHURCH LOAN FUND [2010] KEHC 984 (KLR)
✦ The court will not dismiss the plaintiff's suit but will set it down for hearing on priority basis within the next three months from the date of the ruling.
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BENSON MAINA GATHITHI v WARIBU CHONGO [2010] KEHC 1489 (KLR)
✦ The judgment of the trial court is set aside, and the suit is dismissed. The Appellant is ordered to refund any money paid to the Respondent in satisfaction of the decree.
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REPUBLIC v BORABU LAND DISPUTES TRIBUNAL & another Ex-parte KIPKEBE LIMITED [2010] KEHC 1240 (KLR)
✦ The court quashed the proceedings and decision of the Borabu Land Disputes Tribunal and prohibited further proceedings on the estate's ownership.
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MARGRIT SOMMER CHARO v ISAAC NJUGUNA NJOROGE [2010] KEHC 1496 (KLR)
✦ The plaintiff's application is declined with no order as to costs.
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PHOEBE ACHIENG ALUOCH v SOUTH NYANZA SUGAR CO [2010] KEHC 931 (KLR)
✦ The appeal is dismissed with no order as to costs. The suit was doomed to failure on account of damages not being recoverable for breach of contract.
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DANIEL MOSIORI v REPUBLIC [2010] KEHC 374 (KLR)
✦ The appeal is dismissed. The sentences imposed were not manifestly harsh or excessive.
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SOUTH NYANZA SUGAR CO. LTD v ANDREW OTIENO OYUGA [2010] KEHC 952 (KLR)
✦ The court allows the appeal and sets aside the judgment and decree of the subordinate court, dismissing the respondent's suit with costs.
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ANTONY FRANCIS WAREHAM v BRIAN JOHN HAWKES & another [2010] KEHC 1422 (KLR)
✦ The court ordered a permanent injunction to restrain the defendants from evicting the plaintiff from the suit premises and from alienating, selling, or disposing of the property.
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KIPKEBE LIMITED v MARGARET NYABOKE OMARIBA [2010] KEHC 951 (KLR)
✦ The appellant was not liable for the respondent's injuries, and the judgment and decree of the trial court are set aside.
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JOHN MUGOSHA v REPUBLIC [2010] KEHC 1346 (KLR)
✦ The application for bail is not merited and is dismissed.
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PAUL ORIMA ONIALA & 3 others v SIMON JAKOYO MIDHUNE [2010] KEHC 295 (KLR)
✦ The application has no merit and is dismissed with costs to the respondent
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MWINYI HAMISI ALI v MIKE MAINA & 2 others [2010] KEHC 1279 (KLR)
✦ The application is incompetent and is struck out with costs to the plaintiff.
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KENNEDY BABU GESORA v REPUBLIC [2010] KEHC 928 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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In Re Estate of DORIS ACHIENG ONGICHA (Deceased) [2010] KEHC 930 (KLR)
✦ Allow the appeal, set aside the judgment and decree of the Chief Magistrate's Court, and enter judgment in favor of the appellant as against the respondents jointly and severally for Kshs. 725,068.
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KENYA TEA DEVELOPMENT AGENCY LTD v YUNIAH KEMUMA MACHUKA [2010] KEHC 427 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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LAWRENCE SESE MOSIGISI v THE SETTLEMENT FUND TRUSTEES & another [2010] KEHC 994 (KLR)
✦ The court found that the 1985 Registry Index Map was erroneous and should be rectified to represent the plaintiff's land. The court also found that the plaintiff has not repaid the loan and is not entitled to the disputed land.
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MERVE COMMERCIAL & INSURANCE AGENCY v KENINDIA ASSURANCE CO. LTD [2010] KEHC 347 (KLR)
✦ The preliminary objection is misconceived and must be disallowed with costs.
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DORCA AKETCH ODUK v SOUTH NYANZA SUGAR CO. LIMITED [2010] KEHC 948 (KLR)
✦ The respondent breached the contract, but damages are not awardable as the appellant failed to specifically plead and prove special damages.
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REPUBLIC v CHAIRMAN NYAMUSI LAND DISPUTES TRIBUNAL & 4 o thers [2010] KEHC 862 (KLR)
✦ The award is null and void ab initio and the adoption of the same by the Senior Resident Magistrate is unlawful and illegal.
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MASOSA CONSTRUCTION CO. LTD v KISII MUNICIPAL COUNCIL [2010] KEHC 908 (KLR)
✦ The applicant shall pay directly to the respondent half of the decretal sum of Kshs. 7,778,493.50 within the next 30 days from the date of delivery of this ruling. The remaining balance shall be paid into an interest earning account to be opened and operated in the joint names of the advocates of both parties. That too has to be within 30 days from the date of this ruling. Subject to compliance with this order, there shall be stay of execution until the intended appeal is heard and determined.
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JOSEPHINE ANGWENYI v SAMUEL OCHILLO [2010] KEHC 943 (KLR)
✦ The appeal is allowed and the award of Kshs. 30,000/= is set aside. An award of Kshs. 70,000/= as general damages is substituted.
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E.B.O v P. S.M [2010] KEHC 355 (KLR)
✦ The appeal is dismissed. The respondent is granted interim custody and parental responsibility.
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OBARA OENDO v KENYA POWER AND LIGHTING COMPANY LIMITED [2010] KEHC 412 (KLR)
✦ The appeal is dismissed with costs to the respondent
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JOSEPH KIPTONUI KOSKEI v KENYA POWER & LIGHTING CO. LIMITED [2010] KEHC 937 (KLR)
✦ The court finds the defendant owed the plaintiff a duty of care and the live wire belonged to the defendant.