Kenyan case law

HASSAN AWADHI SALIM T/A. SUEZ PROVISION STORES vs ABDALLA SAID BARAKAT & ANOTHER [2002] KEHC 1070 (KLR)

✦ The application is incurably defective and is struck out. The appellant is allowed to file a fresh application within the next 7 days.

GIDEON KEFA & 12 OTHERS v JOSEPH WAIHARO KURIA & ANOTHER [2002] KEHC 821 (KLR)

✦ The court grants the application and reinstates the application for stay of eviction orders.

G.M.M v S.M.M,E.W.M [2002] KEHC 319 (KLR)

✦ The court dissolves the marriage and orders the respondents to pay costs.

In Re Estate of Naftali (Deceased) [2002] KEHC 1196 (KLR)

KASARANI SPORTSVIEW HOTEL LTD. vs JAMES MATHENGE MUNENE [2002] KEHC 1073 (KLR)

✦ The appellant is found fully to blame for the accident, and the award of Kshs.250,000/= in general damages is upheld.

JACOB MWANTO WANGURA vs GIDEON MERISHO WANGURA [2002] KEHC 834 (KLR)

✦ The court dismissed the appeal, finding that the appellant did not combine the land parcels as alleged by the respondent.

HARON MUTA WAWERU & another v REPUBLIC [2002] KEHC 570 (KLR)

✦ The convictions for robbery are substituted, and the death sentences are set aside. Each appellant is sentenced to 5 years imprisonment with effect from 22nd April 1999 on each of the six counts to run concurrently plus one stroke each on each count.

HARON OKETCH RAPEMO vs THE ATTORNEY GENERAL [2002] KEHC 785 (KLR)

✦ The application is dismissed with costs to the first defendant.

H C vs J M R [2002] KEHC 286 (KLR)

✦ The marriage is declared null and void

GEORGE NDUNGU KAMITI v GEORGE MURIAINI MUHORO [2002] KEHC 1033 (KLR)

✦ The objection to the Originating Summons is wholly without merit and is overruled with costs.

GICHEMA GACHAU v REPUBLIC [2002] KEHC 345 (KLR)

✦ The bond of the accused should be reinstated and he should be released on his earlier bail terms.

GENERAL TYRES SALES vs H. YOUNG & CO. E.A. LTD. [2002] KEHC 659 (KLR)

✦ The court finds H. Young cannot be held liable for the acts of Mr. Burino in this case as regards the payment for Kshs.678,508.85. However, the court gives judgement for the plaintiff in the sum of Kshs.126,602.40 plus costs and interest.

GEOFFREY SHERRIDAN OUMA vs HON. ATTORNEY GENERAL & ANOTHER [2002] KEHC 1245 (KLR)

✦ The contract is not legally binding due to the lack of approval by the Board of Management. The contract was terminated by the defendant, and plaintiff is not entitled to damages for the termination.

GEMINIA INSURANCE COMPANY LTD vs JOHN KIPROP CHEMEITOI [2002] KEHC 954 (KLR)

✦ The court grants the declaration that the insured was entitled to avoid the policy due to non-disclosure of material facts and transfer of the policy.

GENERAL TYRE SALEP LTD vs GAREX (K) LTD [2002] KEHC 1064 (KLR)

✦ The application is granted, and the court order made on 4.9.2001 is set aside. The plaintiff is granted leave to defend the application dated 17.11.2001. The costs of the application shall be paid by the respondent.

FREDRICK MUCHENE & another v REPUBLIC [2002] KEHC 1080 (KLR)

✦ We substitute the conviction on each of the court Nos. 1, 2, and 3 for Robbery, contrary to section 296(1), P.C. and set aside the death sentences against both the appellants.

FREDRICK KATANA HARIMBA vs REPUBLIC [2002] KEHC 150 (KLR)

✦ The appeal is dismissed. The sentence imposed by the trial magistrate is upheld.

FRANCIS MULATYA T/A GANJONI AGIP SERVICE STATION v KENYA SHELL LIMITED [2002] KEHC 803 (KLR)

✦ The temporary ex parte court order expired and was not extended due to the applicant's default.

FARIDA KIMOTHO vs ERNEST MAINA [2002] KEHC 672 (KLR)

✦ The court held that the defendant was wholly negligent and vicariously liable for the accident.

FRANCIS JOHN KIARIE KARUNGO v MORRISON WAWERU [2002] KEHC 907 (KLR)

✦ The court extended the time for obtaining Land Control Board consent by a further 6 months, finding the defendant responsible for the failure to obtain consent.

SHARIFF MOHAMED A. OMAR vs YUSUF SHAA MOHAMED A. OMAR [2002] KEHC 694 (KLR)

✦ The application is dismissed with costs.

SHAH ORIOERTY LTD & OTHERS vs PARSHOTTAM JAMNADAS GOHIL & OTHERS [2002] KEHC 1059 (KLR)

✦ The Plaintiff has a prima facie case and can stop the Defendant from using the road reserve on their land.

HEZEKIAH KUNGU KINUTHIA vs ERNEST KAMAU KINUTHIA [2002] KEHC 978 (KLR)

✦ The tribunal’s decision was a nullity as it adjudicated over matters and questions beyond its jurisdiction, namely, title to land and trust issues.

UCHUMI SUPERMARKETS LTD vs AMINA MOHAMMED KURE SUED ON HER OWN BEHALF AND ON BEHALF OF ALL MEMBERS OF JOY WOMEN GROUP [2002] KEHC 951 (KLR)

✦ The judgment and decree are regular and the defendant's application is dismissed with costs.

IBRAHIM MUSA & SONS LTD. & ANOTHER vs FIRST NATIONAL FINANCE BANK & ANOTHER [2002] KEHC 1227 (KLR)

✦ Application dismissed with costs