Kenyan case law

Theluji Dry Cleaners Ltd v Muchiri & 3 others [2002] KEHC 1139 (KLR)

Tirop v Attorney General [2002] KEHC 1100 (KLR)

Kabansora Millers Ltd v New Salama Wholesalers & 2 others [2002] KEHC 1221 (KLR)

✦ The court found that the plaintiff supplied flour to the 1st defendant company and that the 3rd defendant signed the guarantee under duress. The court also found that the 1st defendant owes the plaintiff Kshs.2,944,524.00 and that the 3rd defendant is liable for this sum. The court did not find that the plaintiff is entitled to interest or that the 3rd defendant was wrongfully arrested.

FRANCIS NGUGI v ELIZABETH WANJIRU GACHUNGA & 2 OTHERS [2002] KEHC 996 (KLR)

✦ The amended summons is incompetent and is struck out with costs.

FREDRICK AURA OMUKANGA v REPUBLIC [2002] KEHC 406 (KLR)

✦ Convictions for Robbery with Violence are substituted for Robbery. Death sentences are set aside. Each appellant is sentenced to 51⁄2 years imprisonment on each of the three counts to run concurrently plus one stroke each on each count.

LORDY YUSUF JUMA vs HAFUSA MOHAMED HAMISI [2002] KEHC 1014 (KLR)

✦ The grant of letters of administration to Hafusa Mohamed Hamisi is revoked, and a fresh petition must be filed considering the relevant facts of the matter.

HILL RIVER FARM LTD. vs AGRICULTURAL FINANCE CORPORATION [2002] KEHC 777 (KLR)

✦ The application is struck out with no order as to costs

JOHN ONYANCHA ZURWE v ORETI ATINRA ALIAS OLETTI ARHINRA [2002] KEHC 13 (KLR)

✦ The plaintiff's claim is dismissed with costs.

In Re: E. B. T. (An Infant) [2002] KEHC 1044 (KLR)

✦ The application for adoption of the infant EBT is reconsidered after the applicants provide further facts on their future plans for the infant

FATMA YAGHUT SALIM vs NURU MAHFUDH & OTHERS [2002] KEHC 560 (KLR)

✦ The appeal is allowed. The succession suit before the Kadhi's Court (case number 20 of 1999) is hereby stayed pending the determination of the High Court suit (Probate and Administration cause number 64 of 1997).

Tulip Apartments Ltd & another v Southern Credit Banking Corporation Ltd & another [2002] KEHC 1106 (KLR)

✦ The court dismissed the plaintiffs' application to strike out the first defendant's defence.

Wilson Kalya & another v Standard Limited & 2 others [2002] KEHC 1130 (KLR)

✦ The court finds the defendants liable for defamation and awards damages of Kshs.9,000,000 for the first plaintiff and Kshs.4,000,000 for the second plaintiff, along with aggravated damages and damages in lieu of apology.

Trust Bank Limited v Geoffrey Makana Asanyo [2002] KEHC 1275 (KLR)

✦ Application dismissed with costs

KENYA POST OFFICE SAVINGS BANK vs SULEIMAN MURUNGA AND ANOTHER [2002] KEHC 741 (KLR)

✦ The court allows the application with costs and enters judgment for the plaintiff against the defendants jointly and severally for shs 749,360 plus interest and costs as prayed.

In Re Estate of Njuguna (Deceased) [2002] KEHC 1230 (KLR)

JAMES GAITHO vs REPUBLIC……..…. [2002] KEHC 1092 (KLR)

✦ The conviction is set aside, and the sentence is vacated. If the appellant paid the fine, he will be refunded.

SHARRIFFA ABDALLA vs MARY NYAMBURA & ANOTHER [2002] KEHC 810 (KLR)

✦ The appeal is dismissed as incompetent.

SEIFUDDIN B.J. MOOSAJEE & CO. AND ANOTHER vs PETER MUSYOKA & ANOTHER [2002] KEHC 1067 (KLR)

✦ The amended plaint is struck out due to its late filing, and costs are awarded to the Defendant.

SERAH MUTHEE MUNYAO v RUTH MUENI KITUNDU [2002] KEHC 39 (KLR)

✦ Preliminary objection dismissed with costs to the respondent.

VERONICA W. WANAMBISI vs KENNEDY BARASA WEKESA [2002] KEHC 281 (KLR)

✦ The Chamber summons be and is hereby dismissed for the following reasons: the petitioner's statements about the children's whereabouts are unfounded, the petitioner's evidence about her employment and capability to care for the children is suspect, and the welfare of the children will be better served by remaining with the respondent who is subject to frequent transfers.

SHABBIR HUSSEIN HEBATULLAH & ANOTHER vs CASTOR & LINSEED LIMITED & ANOTHER [2002] KEHC 665 (KLR)

✦ The court dismisses the suit with costs to the defendants

Iyego Rwathia Company Ltd. v Muthurimi Gikonyo [2002] KEHC 836 (KLR)

✦ The appeal is dismissed with 3⁄4 costs to the respondent. The orders made by the learned Resident Magistrate, save the one on production of accounts, were justified.

Galot & 5 others v Kenya National Capital Corporation [2002] KEHC 1182 (KLR)

TRANSPARES (KENYA) LIMITED vs SOYONIN FARM LIMITED [2002] KEHC 537 (KLR)

✦ Interlocutory judgment is set aside, and the defendant is granted unconditional leave to file a defence.

JAMES GICHURU vs CHARLES NGAII GITHUKI & ANOTHER [2002] KEHC 984 (KLR)

✦ The Notice of Motion is struck out as it is filed under wrong provisions and is incompetent.