Kenyan case law
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Beatrice Awino Odendo v Konoike Veidekke Murray & Roberts & another [2005] KEHC 3379 (KLR)
✦ The objection to the application is not valid, and the Chief Magistrate's Court has jurisdiction to try the case. The case is therefore transferred to the High Court of Kenya at Kisumu.
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Republic v Julius Karisa Charo [2005] KEHC 1380 (KLR)
✦ The court finds that the post-mortem report is admissible and directs that a qualified pathologist must produce it on behalf of Dr. Olumbe, who has relocated to Australia.
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African Highlands & Produce Co Ltd v Collins Moseti Ontweka [2005] KEHC 2110 (KLR)
✦ The appellant shall deposit a further sum of Kshs 40,000/= in a joint interest earning account in the names of the appellant and the respondent as further security for costs pending the hearing and determination of the appeal to be filed in the Court of Appeal.
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Erastus Waweru Githunga v Attorney General & another [2005] KEHC 3258 (KLR)
✦ Application dismissed
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Ishmael Kagunyi Thande v Housing Finance Company of Kenya Limited (Civil Case 336 of 2003) [2005] KEHC 1495 (KLR) (22 July 2005)
✦ The application to stay the present suit pending payment of the costs in the previous suit is dismissed with no order as to costs.
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David Lukongo v Republic [2005] KEHC 1240 (KLR)
✦ The conviction and sentence are quashed, and the appellant is acquitted.
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Rukiya Mohammed Saleh v Firdoz Habib [2005] KEHC 1818 (KLR)
✦ There are no arrears of rent, and the landlord's application was based on untruths. Ex parte orders are set aside, and the tenant is granted orders for costs.
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RWN v EGN [2005] KEHC 2111 (KLR)
✦ The marriage is dissolved, and a decree nisi shall issue after the statutory period of three (3) months.
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Adams Brown & Company Ltd v Commissioner of Lands & another [2005] KEHC 1782 (KLR)
✦ The court grants the application and allows the amendment of the statutory statement and the use of further affidavits.
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Matrix Technologies Limited v Sheila Kinya Maingi T/A Riziki Communications [2005] KEHC 1769 (KLR)
✦ The court orders the plaintiff to provide further and better particulars of the plaint within 14 days.
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KENYA FARMERS CO-OPERATIVE UNION LIMITED V CHARLES MURGOR (DECEASED) t/a KAPTABEI COFFEE ESTATE [2005] KEHC 3370 (KLR)
✦ The court sets aside the judgment and decree, and the surviving Substituted Defendants are granted leave to substitute the deceased Defendant's legal representatives.
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Margaret Wambui Magu v Rachel Njeri Nyawanga & another [2005] KEHC 2197 (KLR)
✦ The previous judgment is stayed pending the appeal, and the land transfer is stayed until the appeal is conducted.
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Red Anchor Freight Forwarders Ltd v David Nthiwa Wambua [2005] KEHC 1192 (KLR)
✦ The suit is transferred from Mombasa to Nairobi
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Kenya Farmers Co-operative Union Limited v Charles Murgor (Deceased) T/A Kaptabei Coffee Estate [2005] KEHC 1743 (KLR)
✦ The court found that the suit against the deceased Defendant abated due to the late application for substitution, and the subsequent hearing and judgment were null and void.
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Samwel Kipsang Kitur & another v Eunice Kitur & 2 others [2005] KEHC 3284 (KLR)
✦ The application is dismissed with costs to the defendants.
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FWK v NK (Civil Suit 11 of 2002) [2005] KEHC 2760 (KLR) (Family) (21 July 2005) (Judgment)
✦ The court held that the property was not jointly owned and ordered the respondent to be restrained from dealing with the property.
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Annah Watetu Theuri & another v Commissioner for Lands [2005] KEHC 1793 (KLR)
✦ The court finds no merit in the application and rejects it.
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A A C v H S A [2005] KEHC 2000 (KLR)
✦ The court allows the Petition on the ground that desertion on the part of the Respondent has been proved.
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Republic v Benard Keter Ng’eno [2005] KEHC 1665 (KLR)
✦ The case is hereby dismissed. The Accused is hereby discharged and shall not be liable to any further proceedings for the same offence.
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Kanyiri Ngure v Johana Githiaka & another [2005] KEHC 2039 (KLR)
✦ The Appellant had satisfied his claim to half the interest in the suit land, and the appeal is allowed with costs; the Judgment and decree of the lower court are set aside, and the Appellant is entered as the winner in the suit.
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Kenya Oil Co. Ltd v Fleur Investments Ltd [2005] KEHC 1499 (KLR)
✦ The leave to amend the Plaint is granted.
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Republic v District Works Officer Ministry of Roads,Public Works & Housing Nakuru Ex-Parte Mark Nganga Githiru [2005] KEHC 1815 (KLR)
✦ The court grants the prayers and orders the respondent to quash the decision and prohibit enforcement
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Republic v Benard Keter Ng’eno [2005] KEHC 3381 (KLR)
✦ The case is hereby dismissed. The Accused is hereby discharged and shall not be liable to any further proceedings for the same offence. The Subject should be released forthwith unless held lawfully.
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Thadeus Muumo Mulwa v Republic [2005] KEHC 1960 (KLR)
✦ The appeal is successful, and the sentence is set aside. A Probation Report will be called for on 26th July, 2005.
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NYAMODI OCHIENG NYAMOGO v KENYA POSTS & TELECOMMUNICATIONS CORPORATION [2005] KEHC 3055 (KLR)
✦ Application for leave to amend pleadings orally is rejected.