Kenyan case law
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KAZOSI KALAMA & ANOTHER V REA VIPINGO PLANTATION LIMITED [2012] KEHC 1361 (KLR)
✦ The defendants are 100% liable for the accident and damages are awarded as follows: shs. 2,100,000.
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MICHAEL KIBOI GATUMIA v MASTERMIND TOBACCO (K) LIMITED [2012] KEHC 63 (KLR)
✦ The court finds the termination of claimant's employment was wrongful and unfair. The claimant is entitled to one month salary in lieu of notice and nine months salary as compensation for unlawful loss of employment.
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Republic v Commissioner of Customs & Excise & 2 others Exparte Mastermind Tobacco Limited [2012] KEHC 1882 (KLR)
✦ The court grants a stay of recovery of taxes pending the appeal, subject to the applicant paying Kshs.50,000,000/00 within 30 days and securing a further sum of Kshs. 50,000,000/00 by way of a bank guarantee in favour of the 1st respondent.
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JOHN KILEI NDIEMA & 26 OTHERS V MATISI CO-OP. SOCIETY LTD [2012] KEHC 1382 (KLR)
✦ The court finds that the plaintiffs have not established sufficient cause for the grant of a temporary injunction against the defendant and that they are not in occupation of the suit property.
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Lino Stationers Limited v Independent Electoral & Boundaries Commission [2012] KEHC 1840 (KLR)
✦ The plaintiff's claim for Kshs 25,185,000 is dismissed. The court finds the plaintiff failed to prove its case on a balance of probabilities.
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JUANCO TRADING CO. LTD V MASAKU LUCY WEAR LTD CRISSCROSS LTD [2012] KEHC 987 (KLR)
✦ The court grants the stay of execution of costs and orders the respondent to deposit Ksh. 36,465 as security in a joint interest earning account and refund Ksh. 11,600 to the appellant.
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ALICE AKOTH ALIWA V BARACK OMUDHO ALIWA (Succession Cause 294 of 2008) [2012] KEHC 1652 (KLR) (16 October 2012)
✦ The court revokes the Grant of Letters of Administration to the Estate of Jasper Aliwa Ongor (Deceased) made in names of the Respondent and the Applicant on 24th June 2009 and confirmed on 21st August 2009.
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MARTIN KABOGO MUCHIRA V REPUBLIC [2012] KEHC 1700 (KLR)
✦ The appeal is allowed, the sentences are quashed, and the appellant is ordered to be set at liberty
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Rose Wanjiku Njau v Nicholson Philip & 2 others [2012] KEHC 1889 (KLR)
✦ Application to transfer the suit to the High Court is dismissed with costs to the respondent.
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NYALI CHILDREN HOSPITAL LIMITED V MUNICIPAL COUNCIL OF MOMBASA [2012] KEHC 1828 (KLR)
✦ The Ex-parte Applicant should be awarded costs of the proceedings.
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Salim Mohamed Mwawende & 9 others v Edgar-Gear Investments & 3 others [2012] KEHC 1934 (KLR)
✦ Allow the application of 14th February 2012 with costs, and grant an injunction to the Defendants.
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Abdirahman Mohamed Abdile v Ahmed Rashid Haji Mohamed & 3 others [2012] KEHC 1896 (KLR)
✦ The court grants the 2nd defendant's application for leave to amend the defence and file a counterclaim.
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KULDIP SINGH JANDU v NAIROBI WATER COMPANY LTD & another [2012] KEHC 5547 (KLR)
✦ The High Court has jurisdiction to hear the case and the Plaintiff's application.
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AVALINA HOLDINGS LTD V THOMAS LIVASIA WIJENJE [2012] KEHC 1410 (KLR)
✦ The preliminary objection is dismissed with costs to the plaintiff.
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Republic v City Council of Nairobi Exparte Meshack Mbuthia Macharia & 2 Others [2012] KEHC 1834 (KLR)
✦ The court found the application incompetent and incurably defective, ruling that the notice of motion was not the application commencing judicial review proceedings.
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SAMAIRE OLE MUNTET & ANOTHER V LERIAN SEKENTO & 2 OTHERS [2012] KEHC 1466 (KLR)
✦ The application for a temporary injunction is dismissed with costs to the respondents
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REPUBLIC V EDWARD MWANGI NJERI [2012] KEHC 1340 (KLR)
✦ The accused is acquitted of the charge of murder.
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T.M V M.C.O (Miscellaneous Civil Application 384 of 2012) [2012] KEHC 1606 (KLR) (16 October 2012)
✦ The transfer of the case from Homa Bay to Nairobi is granted
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B.M. V S.M.M [2012] KEHC 1668 (KLR)
✦ The Children's Court Case No. 652 of 2012 from which this appeal has been brought is not barred by the principle of sub-judice by virtue of the previous suit No. 117 of 2007 between the parties. I further hold that even if it were otherwise the two suits could be consolidated and heard together in interests of the overriding objective of the Civil Procedure Act to effectively and fairly determine the dispute on the custody and maintenance of the children the subject of these proceedings.
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KARTAR SINGH DHUPAR V PIUS MUTIE MICHAEL [2012] KEHC 1980 (KLR)
✦ The trial court's findings on liability are confirmed as correct. The appeal is dismissed with costs.
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REPUBLIC V EVANS OMONDI [2012] KEHC 1838 (KLR)
✦ The judge granted the accused's request for bail with specified terms
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NASSOR MOHAMED NAHDY V ABDALLA AHMED OMAR [2012] KEHC 1677 (KLR)
✦ The court holds that the Defendant's actions constitute a breach of the Plaintiff's rights under a verbal agreement or expectation, and the Defendant's construction without authority is not justified.
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KAKAAI ENE NANGOO MOSIANY V KATETO OLE KERRIONGI MIISIA [2012] KEHC 1332 (KLR)
✦ The application is dismissed with costs to the respondent.
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Nicodemus Atito Arodi v Maxwel Otieno Odongo [2012] KEHC 1930 (KLR)
✦ Defendant granted leave to file and serve his defence within 14 days, and to deposit Kshs. 335,000 within 30 days or face execution for the whole amount.
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KARACHIWALLA (NAIROBI) LIMITED V KITILI KITHOME T/A WALUK K. ENTERPRISES [2012] KEHC 1287 (KLR)
✦ The Notice to Show Cause is cancelled, and the Plaintiff shall meet the costs of the application.