Kenyan case law
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OFFICIAL RECEIVER v BETH WANJIKU KIMINGI [2007] KEHC 1873 (KLR)
✦ The debtor is adjudged bankrupt and shall apply for her discharge at the expiration of twelve (12) months from the date of this adjudication.
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LACHLAN KENYA LTD v KENYA FARMERS ASSOCIATION LTD [2007] KEHC 1791 (KLR)
✦ Defendant's draft defence is a sham and raises no triable issues
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JOHN MBUGUA NGUGI v THOMAS NGUGI MBUGUA [2007] KEHC 1872 (KLR)
✦ The affidavit of Sylvia Wambui Kuria is struck out and expunged from record due to its incompetence and failure to comply with Order XVIII rule 3(1) of the Civil Procedure rules.
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EAST AFRICAN FOUNDRY WORKS v HUSSEIN DAIRY LTD [2007] KEHC 1572 (KLR)
✦ The court finds the defendant's defense to be a sham and incapable of resisting the plaintiff's claim.
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EAST AFRICAN FOUNDRY WORKS v HUSSEIN DAIRY LTD [2007] KEHC 1768 (KLR)
✦ The court finds the defendant's defense to be a sham and delays the just conclusion of the matter.
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OFFICIAL RECEIVER v BETH WANJIKU KIMINGI [2007] KEHC 719 (KLR)
✦ The debtor is adjudged bankrupt and shall apply for her discharge at the expiration of twelve (12) months from the date of this adjudication.
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AKAMBA PULIC ROAD SERVICES LTD v BERNARD GITHATHU KAMAU & ANOTHER [2007] KEHC 645 (KLR)
✦ The 1st Defendant is found liable for the accident and is ordered to pay the Plaintiff KShs. 2,303,346/00 for the loss of the bus and lost earnings.
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MORRIS & COMPANY (2004) LTD v VICTORIA MINERALS AND CHEMICES LTD & ANOTHER [2007] KEHC 1796 (KLR)
✦ The interlocutory judgment against the Defendants is set aside and they are granted leave to defend the suit
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ABRAHAM KIPNGETICH BII ANOTHER v REPUBLIC [2007] KEHC 3674 (KLR)
✦ The 1st appellant is convicted and sentenced, while the 2nd appellant is acquitted.
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PATRICK KIRONO MWAURA v KENYA COMMERCIAL BANK [2007] KEHC 623 (KLR)
✦ The court dismisses the Defendant's application to dismiss the Plaintiff's suit for want of prosecution, but the Plaintiff must take a demonstrable step towards prosecution within 30 days.
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JAMES NDUNG’U WANDERI v JOSEPH MUIGAI WANENE [2007] KEHC 586 (KLR)
✦ The application is dismissed.
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PATRICK KIRONO MWAURA v KENYA COMMERCIAL BANK [2007] KEHC 1795 (KLR)
✦ The Plaintiff's delay in prosecuting the suit is inordinate, but the court is not satisfied that the delay has occasioned any prejudice to the Defendant. The action will be sustained.
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KAMUNYORI & COMPANY ADVOCATES v CANNON ASSURANCE (KENYA) LTD [2007] KEHC 716 (KLR)
✦ The advocate is entitled to judgment for taxed costs and interest
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DAVID KIMATHI v INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION [2007] KEHC 1866 (KLR)
✦ The application for variation of the temporary injunction is dismissed. The Plaintiff is not the borrower and cannot settle the borrower's debts.
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AKAMBA PULIC ROAD SERVICES LTD v BERNARD GITHATHU KAMAU & ANOTHER [2007] KEHC 1800 (KLR)
✦ The 1st Defendant is found to be vicariously liable for the accident and is ordered to pay the Plaintiff KShs. 2,303,346/00 in damages.
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DAVID NDEGWA KARIUKI v REPUBLIC [2007] KEHC 1115 (KLR)
✦ The appeal is dismissed. The prosecution proved its case on the charge of indecent assault to the required standard of proof beyond reasonable doubt.
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JOSEPH MACHARIA MBUTHIA v REPUBLIC [2007] KEHC 3554 (KLR)
✦ The appellant's conviction is quashed, and he is acquitted of all charges.
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REPUBLIC v EDGA LIZARIA [2007] KEHC 3686 (KLR)
✦ The court finds that the accused's constitutional rights were violated and that the provisions of the Children Act were not adhered to. The state failed to show that the accused was brought before court as soon as reasonably practicable. The court acquits the accused of the charge of murder.
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REPUBLIC v EL [2007] KEHC 1933 (KLR)
✦ The court finds that the accused's constitutional rights were violated and that the provisions of the Children Act were not adhered to. The state failed to show that the accused was brought before court as soon as reasonably practicable. The court acquits the accused of the charge of murder.
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JOHN NJAU NJUGUNA v RAMESH LILADHAR SHAH [2007] KEHC 630 (KLR)
✦ The court allowed the application and set aside the order of dismissal, reinstating the application and awarding costs to the Interested Party.
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RICHARD OTIENO HARUN v CYPPRIAN OJWANG OMOLO [2007]] eKLR [2007] KEHC 1395 (KLR)
✦ The appeal is allowed on the second limb of the argument, and the final orders are: the appellant's defence is struck out, the judgment for the plaintiff is quashed and set aside, the appellant is given a time frame to file a proper defence, the respondent is awarded full costs on appeal and half costs in the lower court, and the costs are paid by the advocate who occasioned the striking out proceedings.
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CHARLES KILEL & ANOTHER v SAMWEL LANGAT [2007] KEHC 2141 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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BEATRICE CHEROTICH KOSKEI & another v OLENGURUONE LAND DISPUTE TRIBUNAL & 2 others [2007] KEHC 3343 (KLR)
✦ The court allows the respondents' preliminary objection and grants the applicants the opportunity to respond.
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SILAS OKIBO MOSETI & ANOTHER v KENNEDY OMBUI ONTERE [2007] KEHC 648 (KLR)
✦ The application for leave to amend pleadings is granted.
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POSTAL CORPORATION OF KENYA v DONALD KIPKORIR & 2 OTHERS [2007] KEHC 685 (KLR)
✦ The warrants of attachment and sale issued on 6th March, 2007 must be set aside as the application for execution was made more than one year after the decree was passed and no notice to show cause was issued.