Kenyan case law
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Robert Ndegwa Muruthu & 3 Others v Major,Town Clerk Nyahururu Municipal Council & 3 Others [2014] KEHC 23 (KLR)
✦ The petition is not dismissed for want of prosecution, but the petitioners are directed to amend their petition to reflect the correct party as the 1st defendant and set the matter for hearing within 60 days from the date of the judgment.
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Kenya Power & Lighting Company Ltd v David Opondo Omutelema [2014] KEHC 1602 (KLR)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the cross appeal is dismissed. Each party bears its own costs.
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In Re Adoption of Baby E L - Minor [2014] KEHC 1482 (KLR)
✦ The court allows the applicants' application for adoption and orders that the child be adopted by them. The child shall be known as E M P D and presumed to be a Kenyan citizen by birth. L P and D A R shall be the legal guardians of the child if such eventuality arises.
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Republic v Josphat Musungu Amani Alias Josephat Mukhonyi [2014] KEHC 353 (KLR)
✦ The court allows the accused a personal bond of Kshs. 1,000,000 with two sureties of similar amount, subject to the accused attending court every 30 days until the case is heard and determined.
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Albanus Kioo Musyoki v Joseph Kyengo Munywoki & another [2014] KEHC 1358 (KLR)
✦ The court grants the plaintiff's request for a permanent injunction and specific performance.
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Peter Njiri Muracia v Michael Mwakidilo Thoya [2014] KEHC 1821 (KLR)
✦ The plaintiff has proved his case and the defendant shall sign the transfer of land parcel Kilifi Mandeteni/510 in favor of the plaintiff. The defendant shall collect the balance of the purchase price from the advocate of the plaintiff. If he does not do so within fourteen (14) days, the plaintiff shall deposit the purchase price in court for collection by the vendor at his convenience. The Deputy Registrar of the court shall sign all the necessary documents in place of the defendant and the Land Registrar Kilifi is ordered to register the land Kilifi/Madeteni/510 in favor of the plaintiff. The plaintiff shall have the costs of the suit.
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Elizabeth Waruguru v Moses Kanyingi [2014] KEHC 1844 (KLR)
✦ The court finds that the Notice of Motion dated 12/5/2014 was not properly served on the defendant's advocate, and the order made on 18/6/2013 was not properly served.
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Mburu Kareru & Others v Francis Njogu & Others [2014] KEHC 1894 (KLR)
✦ The application dated 16/9/2008 is allowed and the suit is dismissed for want of prosecution
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Kennedy Mbui Kimari v Joseph Njoroge Kimari [2014] KEHC 1827 (KLR)
✦ The grant is revoked, the subdivision is cancelled, and a fresh grant is issued to the applicant and his brother.
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Kevin Omondi v Republic [2014] KEHC 8822 (KLR)
✦ The sentence is reduced to time served, and the appellant is set free unless otherwise lawfully held.
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Pauline Mutee Makumu & another v Ursula Kreszenntia & 4 others [2014] KEHC 1872 (KLR)
✦ The application for the production of documents is dismissed, and the suit shall proceed for the cross-examination of PW2.
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Osero & Company Advocates v Easy Properties Limited [2014] KEHC 1955 (KLR)
✦ The court granted the stay of execution pending appeal.
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Mary Nyangugi Kuria (suing as the personal representative of the estate of the late Elikana Kuria) v Town Council of Kikuyu & 5 others [2014] KEHC 1776 (KLR)
✦ The Plaintiff has the locus standi to bring the claim against the Defendants. The doctrine of privity of contract does not prevent the Plaintiff from enforcing the contract terms.
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M M M & 2 others v J G M [2014] KEHC 8446 (KLR)
✦ The motion is dismissed with costs, and the Children’s Court is ordered to prioritise the case and finally determine the issue of the custody of the child.
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National Cereals & Produce Board v Owners of the Motor Vessel ''Fonarun Naree'' [2014] KEHC 1780 (KLR)
✦ Leave is granted to the Defendants to re-amend their Defence and Counter-Claim.
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Geofrey Muthinja v Barnabas Kimathi [2014] KEHC 1829 (KLR)
✦ The appeal is partially successful, with the judgment of the trial court substituted by Kshs.249,000 in favor of the respondent, with costs and interest at the lower court level.
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Sospeter Murimi Karitu v Martin Muriuki Mugo [2014] KEHC 1914 (KLR)
✦ The court held that the plaintiff has a valid claim for the transfer of the land and the defendant is in breach of the agreement.
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Mary Ruguru Njoroge v John Samuel Gachuma Mbugua & 4 others [2014] KEHC 8457 (KLR)
✦ The court conditionally allows the application and orders the rectification of the title to reflect the correct proprietor, Njoroge Wainaina t/a Njoroge Wainaina Housing Company.
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Mareco Limited v Green Future Limited & another [2014] KEHC 8750 (KLR)
✦ The application is dismissed. The plaintiff will pay the costs of the application to the defendants.
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Qages Investment Limited v Africa Merchant Assurance Co. Ltd [2014] KEHC 1824 (KLR)
✦ The interlocutory judgment is set aside, the Defendant's Defence is deemed as though filed within time, and the suit is stayed until the Plaintiff pays the correct court fees.
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Baya Charo Tsofa & another v Daudi Dara Jara [2014] KEHC 1715 (KLR)
✦ The appeal is dismissed as the appellants have not met the requirements for a stay of execution pending appeal.
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Mary Wamurango Numbi v Michael Mwithi Mambo & another [2014] KEHC 8447 (KLR)
✦ The application is allowed, and the Succession Cause is transferred to the High Court at Kerugoya for hearing and disposal.
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Isaac Oketch Osi v Queen Cleaner & Dyers Limited [2014] KEHC 532 (KLR)
✦ The court finds in favor of the plaintiff, awarding Kshs.1,500,000 in general damages and Kshs.200,000 in aggravated damages.
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Republic v Chairman, Evurore Land Disputes Tribunal & 2 others Ex-Parte Njeru Kirimo [2014] KEHC 729 (KLR)
✦ The court dismissed the ex-parte application for certiorari as it was time barred and the order sought was in vain.
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Nyari Investments Ltd v Mombasa Cashewnut Processors & 2 others [2014] KEHC 1879 (KLR)
✦ The court orders the case to proceed to full hearing