Kenyan case law
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Kisii Bottlers Limited v Mogaka alias Ian Mogaka (Civil Appeal 1 of 2018) [2018] KEHC 2060 (KLR) (29 November 2018) (Judgment)
✦ The appeal is allowed, and the judgment of the subordinate court is set aside. The suit is dismissed, and the appellant is ordered to pay the respondent's costs.
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Carolyne Nasimiyu v Agricultural Finance Corporation [2018] KEHC 540 (KLR)
✦ The court orders that the reference be taxed afresh before a different taxing master and each party shall bear its own costs
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Kimeto & Associates Advocates v Mumias Sugar Company Limited [2018] KEHC 10263 (KLR)
✦ The court grants the Respondent's application for leave to file a reference against taxation, but limits the hearing to one month.
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Amiran (K) Limited v Mishale Freighter Limited [2018] KEHC 1154 (KLR)
✦ The Defendant does not owe the Plaintiff Kshs 14,158,428.00 and the Plaintiff failed to prove that the Defendant refunded the amount paid.
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Butali Sugar Mills Limited v West Kenya Sugar Company Limited & another [2018] KEHC 10254 (KLR)
✦ The court granted the application for leave to amend the 1st defendant's defence.
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Diamond Trust Bank Kenya Ltd v Juma Muchemi & Partners Ltd & 4 others [2018] KEHC 1544 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Charles Mutuku v Republic [2018] KEHC 1876 (KLR)
✦ The appeal is dismissed. The sentence is not excessive and the trial court did not overlook any material factors.
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Joseph Mwangi Kibe v Republic [2018] KEHC 1887 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Benjamin Kimani Waruhiu & another v Barclays Bank of Kenya Limited [2018] KEHC 1503 (KLR)
✦ The suit is hereby dismissed for want of prosecution.
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Charles Kagema Muraya v Equity Bank Limited [2018] KEHC 1099 (KLR)
✦ The Court finds that the Defendant was not entitled to sell the Plaintiff's shares and grants the Plaintiff's claims.
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Peter Musyimi Muli v Republic [2018] KEHC 1933 (KLR)
✦ The court found that the evidence was not proved to the required standards and that the trial court convicted the appellant on contradictory evidence.
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Josephine Lunde Matheka v Gladys Muli [2018] KEHC 2130 (KLR)
✦ The plaintiff's application to reinstate the dismissed suit is denied
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Julius Lekuruito & another v Nottingham Mwangi & another [2018] KEHC 662 (KLR)
✦ The court granted leave to appeal out of time and stayed the proceedings in Nakuru CMCC No.252/2012 pending hearing of the application.
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Kenya Commercial Bank Ltd v Geoffrey Wang’ombe t/a Kenbrit Insurance Agency & another [2018] KEHC 1365 (KLR)
✦ The defendants are jointly and severally liable for the debt of Kshs.2,188,041.67.
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City Council of Nairobi v Jokamu Holdings Limited & another [2018] KEHC 1554 (KLR)
✦ The High Court has jurisdiction to hear and determine the dispute between the Plaintiff and the 2nd Defendant regarding the legal charge over the land.
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Okiya Omtatah Okoiti v Kenya National Examinations Council [2018] KEHC 9757 (KLR)
✦ The court found that the respondent violated the Constitution of Kenya, 2010, by not releasing the marked answer sheets and marking schemes to candidates.
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Postal Corporation of Kenya v Registered Trustees of Telpost Pension Scheme [2018] KEHC 1566 (KLR)
✦ The ex parte injunction issued on 31st August 2018 is hereby discharged and set aside. The Notice of Motion dated 30th August 2018 is dismissed with costs to the Defendant.
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In re of Estate of M’inyingi Kireru [2018] KEHC 1930 (KLR)
✦ The estate is to be distributed as follows: 988 ha to Mwithimbu M'Inyingi and Mukokithaka Kilui, 2443 ha to Mworochiaka M'Inyingi and others, 2587 ha to Mworochiaka M'Inyingi and others, and 3090 ha to Mwithimbu M'Inyingi and Mukokithaka Kilui.
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Republic v Julius Kithirime [2018] KEHC 1035 (KLR)
✦ The accused is guilty of murder and is convicted.
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EOM v Republic [2018] KEHC 2042 (KLR)
✦ The sentence is quashed and substituted with a two-year probation sentence.
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K Rep Bank Ltd v Maxwell Imbugwa Moga [2018] KEHC 9923 (KLR)
✦ The application is granted on condition that the intended appeal be filed and served within 14 days from the date of the ruling.
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P W v J K [2018] KEHC 9852 (KLR)
✦ The applicant shall take, keep and own LR No. [particulars withheld] whereas the respondent shall take, keep and own Nginda-Samar Block particulars withheld] and Loc. [particulars withheld]. The respondent holds LR No. [particulars withheld] Estate in trust for the applicant and the trust is terminated.
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KSC International Limited (In Receivership) v Mwanjole Chaka & another [2018] KEHC 1092 (KLR)
✦ The court granted some applications and denied others, including the transfer of the suit to Voi.
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Palmy Company Limited v Consolidated Bank of Kenya Limited [2018] KEHC 45 (KLR)
✦ The court found that no prima facie case has been established and thus denied the Plaintiff/Applicant's application for an interlocutory injunction.
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Philip Ochieng Omondi & another v Attorney General [2018] KEHC 518 (KLR)
✦ The applicants' claim for malicious prosecution is not within the scope of claims where time can be extended under Section 27 of the Limitation of Actions Act, and the application is dismissed.