Kenyan case law
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REGISTERED TRUSTEES OF THE DIOCESE OF MOUNT KENYA ANGILICAN CHURCH OF KENYA v CHARLES WACHIRA NGUNDO [2007] KEHC 1317 (KLR)
✦ The application to strike out the case is dismissed with costs to the Plaintiff/Respondent.
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PANAFCON ENGINEERING LIMITED v KENYA REINSURANCE CORPORATION LIMITED [2007] KEHC 1401 (KLR)
✦ The court finds that the Plaintiff's claim is not barred by the Limitation of Actions Act and that the Plaintiff's claim is not barred by the res judicata rule. The application to strike out the Plaintiff's claim is dismissed.
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JAMES KABATHI MWANGI (T/a TANGERINE AUTO HARDWARE) v KENYA COMEMRCIAL BANK LTD [2007] KEHC 1798 (KLR)
✦ The Plaintiff has demonstrated a prima facie case with a probability of success and stands to suffer irreparable loss unless the temporary injunction is granted.
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NATIONAL BANK OF KENYA v WILSON OGOLLA OLENDO [2007] KEHC 1339 (KLR)
✦ The Plaintiff varied the interest rate without notice to the Defendant, which was illegal, null, and void. The Plaintiff is awarded Kshs.887,906.45 with interest at 20% per annum from the date of judgment until payment in full.
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KENYA POST OFFICE SAVINGS BANK v ROSALINE NJERI MACHARIA [2007] KEHC 1342 (KLR)
✦ The court granted the stay of execution subject to the applicant depositing Kshs.3.5 million as security for the due performance of the decree.
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MECHANISED CARGO SYSTEMS LTD v FINA BANK LIMITED [2007] KEHC 1322 (KLR)
✦ The court re-issues the summons and validates the summons issued in this case by ordering a re-issue and service of summons within 14 days from the date herein.
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AGNES REGINA MUREI ABUOM v ERASTUS AMONDI OKUL & 3 OTHERS [2007] KEHC 1399 (KLR)
✦ The application for an order for possession and other relief is refused due to the plaintiff not specifically pleading the claim in the plaint and the mode and standard of proof differing from that required to prove such a claim.
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CATHERINE MASINDE v CHRISS MAKHANU MASINDE [2007] KEHC 3550 (KLR)
✦ The application is dismissed as it is not a bona fide application and is an abuse of the court process.
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BONIFACE WAMBUA MBORU v ATTORNEY GENERAL [2007] KEHC 264 (KLR)
✦ The lower court's exercise of discretion in dismissing the suit for want of prosecution was wrongly exercised.
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BONIFACE WAMBUA MBORU v ATTORNEY GENERAL [2007] KEHC 1404 (KLR)
✦ appeal allowed, lower court decision quashed, matter remitted to lower court for hearing
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STANBIC BANK KENYA LIMITED v KENYA AKIBA MICROFINANCE LIMITED (Civil Case 620 of 2005) [2007] KEHC 1864 (KLR) (21 September 2007) (Revision)
✦ The court refuses the leave sought, dismissing the application with no order as to costs
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KISII HARDWARE v KISII FARMERS CO-OPERATIVE UNION LTD [2007] KEHC 1397 (KLR)
✦ The plaintiff is a legal person and has the capacity to sue and be sued. The judgment entered in favor of the plaintiff cannot be set aside.
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NDUATI CHARAGU & CO. ADVOCATES v FOUNDATION CENTRE LTD & ANOTHER [2007] KEHC 272 (KLR)
✦ The court orders the entire amount of the taxed bill to be deposited in an interest-earning account in the joint names of the parties' counsel within 60 days from the date of the ruling. The taxing master is required to respond to the objection notice within 30 days of compliance.
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ANTHONY AMBAKA KEGODE & ANOTHER v FOUR NINETY INVESTMENT LIMITED & 3 OTHERS [2007] KEHC 1956 (KLR)
✦ The court granted the application for a stay of taxation of the defendants' bill of costs pending the hearing and determination of the intended appeal.
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KIRAO KAMBI KANZALA v KIRAO KAMBI KANZALA [2007] KEHC 1625 (KLR)
✦ The application is dismissed with costs to the respondents.
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JAYANTILALA JIWABHAI PATEL v M. J. VEKARIA ELECTRIC LIMITED [2007] KEHC 1292 (KLR)
✦ The Defendant has no valid defence on record, and the Defendant's Amended Defence filed on 12th November 2006 should not be struck out.
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KAMILA SANKOR v SUBAN ABDULAHI [2007] KEHC 1394 (KLR)
✦ The appeal is allowed, and the case is remanded for a fresh trial before another magistrate.
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KENYA GUARDS & ALLID WORKERS v REGISTRAR OF TRADE UNIONS [2007] KEHC 796 (KLR)
✦ The application is dismissed with each party bearing their own costs.
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PROTEIN AND FRUIT PROCESSORS LTD v CREDIT BANK LIMITED & 2 OTHERS [2007] KEHC 3582 (KLR)
✦ The application for dismissal of the suit is refused. The suit is preserved for hearing and disposal on merit.
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NDUATI CHARAGU & CO. ADVOCATES v FOUNDATION CENTRE LTD & ANOTHER [2007] KEHC 1285 (KLR)
✦ The court orders the entire amount of the taxed bill to be deposited in an interest-earning account in the joint names of both parties' counsel within 60 days from the date of the ruling. The taxing master is required to respond to the objection notice within 30 days of compliance with the order. Each party will bear their own costs on all applications.
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DYNTECH INTERNATIONAL LIMITED v& ANOTHER v ATTORNEY GENERAL [2007] KEHC 1312 (KLR)
✦ The application for judgment on admission is granted as there is a clear unambiguous and unconditional admission of indebtedness by the Defendant to the 1st Plaintiff.
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JULIUS MBITI M’IKIOME v JOSEPH NTIKA KAUA [2007] KEHC 1731 (KLR)
✦ The application fails and is dismissed with costs to the respondent.
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KAHARI & KIAI, ADVOCATES v KENYA SAFARI LODGES & HOTELS LTD [2007] KEHC 727 (KLR)
✦ The court found no valid agreement on fees between the parties and ruled that the taxing officer erred in principle in taxing the bill of costs.
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RICHARD KROP & ANOTHER v TEGLA LOROUPE & 3 OTHERS [2007] KEHC 1398 (KLR)
✦ The court granted the interim chamber summons and issued an injunction restraining the defendants from interfering with the Plaintiffs' management of the foundation.
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MOHAMMED HASSIM PONDOR & ANOTHER v TOPDECK TRAVEL AND TOURS LTD & 2 OTHERS [2007] KEHC 1305 (KLR)
✦ The court upholds the previous judgment.