Kenyan case law
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Kepue Ole Ngweta v Karino Ole Meshunko & Sarah Njoki Munge t/a Sanjomu Auctioneers (Civil Suit 4 of 2014) [2014] KEHC 97 (KLR) (11 November 2014) (Ruling)
✦ The preliminary objection is overruled, and the suit is transferred to a subordinate court.
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Republic v Commissioner of Lands Ex-Parte Chess Properties Ltd & 2 others [2014] KEHC 8440 (KLR)
✦ The application is dismissed with costs.
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Alfred Ombudo K’ombudo v Jane W. Odewale & another [2014] KEHC 1564 (KLR)
✦ The court grants the injunction and stay sought by the appellant.
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David Kipkemei Toritich v Republic [2014] KEHC 1039 (KLR)
✦ The court allowed the appeal against the sentence and reduced it to 10 years imprisonment.
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Vineyard Holdings Limited v Harold Andrew Kinyanjui & 3 others [2014] KEHC 8634 (KLR)
✦ The preliminary objection is dismissed. The Court has original jurisdiction to entertain disputes arising out of a controlled tenancy.
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Sacapheso International Limited v Eversweet Bakery Limited [2014] KEHC 1978 (KLR)
✦ The plaintiff's application falls for consideration on a balance of convenience, and the court orders that neither party shall sell, transfer, lease, charge or carry out any form of development on the suit property pending the hearing and determination of the suit.
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Joel Arusei Kipsaina & another v Zipporah Jepketer Kipsaina & another [2014] KEHC 710 (KLR)
✦ The court declared the Land Disputes Tribunal's award null and void, issued a permanent injunction to restrain the defendant from interfering with the plaintiffs' ownership and possession of the land parcels, and dismissed the defendant's counterclaim.
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Joseph Kipkoech Boyon v Republic [2014] KEHC 1790 (KLR)
✦ The conviction is unsafe due to procedural errors and lack of sufficient evidence, and the appeal is allowed.
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Republic v Medical Officer Of Helath & another Ex Parte Kings Developers Limited [2014] KEHC 8441 (KLR)
✦ The court found that the applicant was not an occupier or owner of the property and thus could not be served with a notice under the Public Health Act.
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F S v H T [2014] KEHC 462 (KLR)
✦ The court grants the application for leave to appeal out of time and allows the child to remain in the custody of the respondent pending the hearing of the appeal.
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Postal Corporation of Kenya & another v Dickens Munayi [2014] KEHC 1569 (KLR)
✦ The liability is apportioned 50:50 between the Respondent and the Appellants. General damages are set at Ksh. 500,000/=, with the Respondent receiving 50% less, i.e., Ksh. 250,000/=. Special damages remain at Ksh. 5,500/=. The Appellants are awarded half of the costs of the appeal, while the Respondent gets full costs of the suit in the lower court. Interests on damages are payable from the date of the trial court judgment.
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Kibiwott Tanui v Lawrence Panyakoo [2014] KEHC 707 (KLR)
✦ The court declared that the plaintiff is the legal proprietor of the land and ordered the defendant to vacate the land within 3 months. The claim for mesne profits is disallowed, and the defendant's counterclaim is dismissed.
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Republic v Kenya Revenue Authority Ex Parte Luma Holdings Limited [2014] KEHC 1994 (KLR)
✦ The court held that the impounding of the truck was not lawful under the Customs Act as the goods were not liable to forfeiture before diversion.
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Multiple Hauliers (E.A.) Ltd v Everline Osore & 2 others [2014] KEHC 1320 (KLR)
✦ The defendants were jointly and severally liable at 100% for the accident
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Labiba Said Mohamed v Jamila Mbarak Baadel [2014] KEHC 1837 (KLR)
✦ The court grants the stay and allows the appeal.
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A.S. Sheikh Transporters Limited & another v Barclays Bank of Kenya Limited & 3 others [2014] KEHC 1976 (KLR)
✦ The return of KAZ 516M Mercedes Benz (Actros) and Trailer registration number ZC 4425 is in part satisfaction of the suit, and there would be adjustment of the suit in prayer e of the amended plaint.
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George Ndiku Mbate v Peter Nzioka Muia [2014] KEHC 1367 (KLR)
✦ The grant of letters of administration is confirmed, and the estate is to be distributed as proposed by Peter Nzioka Muia. Diana Ndunge Muia's share is to be held in trust by Peter Nzioka Muia and the Deputy Registrar of the court.
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Republic v Diana Salim Suleiman & another [2014] KEHC 1745 (KLR)
✦ The bond applications are allowed, and the Accused are admitted to bail with stringent terms
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James Ooko Elkana v Republic [2014] KEHC 841 (KLR)
✦ The court allows the appeal due to uncertainty in the complainant's age and exercises the benefit of doubt in favor of the appellant, setting him free unless lawfully held.
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Allan Omondi Ogolla v Republic [2014] KEHC 1947 (KLR)
✦ The appeal is allowed, conviction and sentence set aside
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Koome Mwambia & 3 other v Deshun Properties Company Limited & 4 others [2014] KEHC 8633 (KLR)
✦ The transfer is not illegal as the 1st Respondent has acquired a 99-year leasehold interest. The Petitioners' rights to a clean and healthy environment have not been violated.
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Chevron Kenya Limited v Muvir Holdings Limited & another [2014] KEHC 1763 (KLR)
✦ The court allowed the amendment and enjoinment of Total Kenya Limited as a 3rd defendant to the Amended Counter-claim.
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Republic v Johnson Mwandoe Mudamu [2014] KEHC 1849 (KLR)
✦ The court finds that the prosecution did not prove the actus reus of murder beyond a reasonable doubt and acquits the accused.
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L M J v K S M [2014] KEHC 1878 (KLR)
✦ Marriage is irretrievably broken down due to separation for four years. Petitioner's petition for divorce is allowed.
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Republic v Hillary Cheruiyot Kirui [2014] KEHC 1972 (KLR)
✦ The accused will serve three (3) years on Probation.