Kenyan case law

PROTEIN & FRUITS LIMITED v CREDIT BANK LIMITED & 2 OTHERS [2007] KEHC 704 (KLR)

Blue Sky EPZ Limited v Natalia Polyakova & another [2007] KEHC 1998 (KLR)

✦ The court grants the application to strike out the Defendants' defence in respect of the claim for US$31,979, and enters judgment for the Plaintiff in that amount. The claim for US$20,000 will proceed to trial.

MARGARET SOARES v JANE OTIENO [2007] KEHC 1994 (KLR)

✦ The application is struck out as it is incompetent and must be struck out. An appropriate application under rule 10 of Order I of the Rules should be made.

CHOKAA & COMPANY, ADVOCATES v DEPOSIT PROTECTION FUND [2007] KEHC 736 (KLR)

✦ The court held that Schedule V was applicable to the advocate/client bill of costs dated 7th April, 2005.

KENSINGTON INTERNATIONAL LTD v COLLIN STEPHEN FORD & 3 OTHERS [2007] KEHC 1967 (KLR)

✦ The Plaintiff is entitled to a permanent injunction restraining the Defendants from claiming to be directors of the Plaintiff and from acting on behalf of the Plaintiff. The Plaintiff also receives costs of the suit.

MARGARET SOARES v JANE OTIENO [2007] KEHC 683 (KLR)

✦ The application is clearly misconceived and must be struck out

KENNETH KIPLAGAT (T/a KIPLAGAT & ASSOCIATES) v NATIONAL HOUSING CORPORATION [2007] KEHC 748 (KLR)

✦ The preliminary objection is not well-taken; the objection that the law firm of Kiplagat & Associates no longer exists in law is dismissed.

Ruth Nthenya Kilonzo v Standard Chartered Bank Kenya Ltd [2007] KEHC 3749 (KLR)

✦ The court held that the defendant's actions did not cause the plaintiff's osteoarthritis

ASPANI PROPERTIES v ROBERTO CAMELLINI (Civil Suit 29 of 2007) [2007] KEHC 1624 (KLR) (7 September 2007) (Ruling)

✦ The application is dismissed with costs.

CYPRIAN MASAFU WANYONYI WEKESA T/a WEKESA & COMPANY ADVOCATES v JASWINDER SINGH ENTERPRISES LTD [2007] KEHC 575 (KLR)

✦ The order of stay is granted with conditions

EAN KENYA LIMITED v JOHN SAWERS & 4 OTHERS [2007] KEHC 627 (KLR)

AFTAB AHMED & ANOTHER v SALIM DHANJI & 2 OTHERS [2007] KEHC 676 (KLR)

✦ The application is incompetent due to the lack of a specific prayer for reinstatement of the suit, which was previously dismissed.

MENTOR GROUP LIMITED v JOHN ROKI WAITHAKA [2007] KEHC 1366 (KLR)

✦ The defendant's statement of defence cannot be struck out for being scandalous, frivolous or vexatious nor can it be struck out on the basis that it may prejudice, embarrass or delay the fair trial of the action. The plaintiff's application is accordingly dismissed with no order as to costs.

MUSYOKA & WAMBUA,ADVOCATES v AFRICAN BANKING CORPORATION LTD [2007] KEHC 576 (KLR)

✦ The court grants leave to appeal but denies the stay of execution

CLEARSPAN CONSTRUCTION (A) LIMITED v EAST AFRICAN GAS COMPANY LTD [2007] KEHC 1769 (KLR)

✦ The motion to join the Government of Kenya as a party is dismissed with costs to the plaintiff.

ABBAS LALI AHMED v LUCIANO MORINI & 3 OTHERS [2007] KEHC 1626 (KLR)

✦ The court grants the application and orders that the amended defence and counterclaim shall be served within 7 days of the order.

RASHID NGOLO & 14 OTHERS v ABDALLA OMAR MOHAMED & 8 OTHERS [2007] KEHC 1622 (KLR)

✦ The injunction order is discharged with costs.

CLEARSPAN CONSTRUCTION (A) LIMITED v EAST AFRICAN GAS COMPANY LTD [2007] KEHC 1574 (KLR)

✦ The motion to join the Government of Kenya as a party is dismissed.

ALICE WAMAITHA MWANGI v NATION MEDIA GROUP LTD [2007] KEHC 1775 (KLR)

✦ The defendant is liable for libel, and the court awards the plaintiff Kshs.2,500,000/- in damages.

AFTAB AHMED & ANOTHER v SALIM DHANJI & 2 OTHERS [2007] KEHC 1988 (KLR)

✦ The application is incompetent as it lacks a specific prayer for reinstatement of the suit, which has been dismissed.

ROSALINE NJERI MACHARIA v GUARDIAN BANK LIMITED & 2 OTHERS [2007] KEHC 1946 (KLR)

✦ The application is dismissed with costs to the 1st Defendant. The stay of proceedings is refused.

ALICE WAMAITHA MWANGI v NATION MEDIA GROUP LTD [2007] KEHC 717 (KLR)

✦ The court finds the defendant liable for libel and awards the plaintiff Kshs.2,500,000/- in damages.

JAMES MOLE v REPUBLIC [2007] KEHC 1260 (KLR)

✦ The conviction for indecent assault is upheld, and the sentence is affirmed.

KASSIM IBRAHIM MOHAMED v REPUBLIC [2007] KEHC 1767 (KLR)

✦ The conviction and sentence are quashed, and the matter is ordered to proceed for retrial.

EAN KENYA LIMITED v JOHN SAWERS & 4 OTHERS [2007] KEHC 1972 (KLR)

✦ Both HCCC Nos. 320 and 325 of 2005 are consolidated for hearing and disposal together.