Kenyan case law

Victoria Pumps Ltd & another v Kenya Ports Authority & 4 others [2002] KEHC 1214 (KLR)

✦ The defendants are committed for contempt and ordered to release the containers unconditionally.

University of Nairobi v Bespoke Insurance Brokers Ltd [2002] KEHC 1125 (KLR)

✦ The court ordered the defendant to remit the excess premium payments and other sums within 30 days.

FELMON MADEDA vs REPUBLIC [2002] KEHC 481 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant is set free.

ITALO DALL ARMELLINA & 2 OTHERS V CHIEF MAGISTRATE MOMBASA [2002] KEHC 233 (KLR)

✦ The court dismissed the application and struck out the Notice of Motion.

EXPRESS KENYA LTD v FAITH MUTHONI MAKUMI [2002] KEHC 808 (KLR)

✦ The appeal is allowed, and the lower court order is set aside with a direction that each party bears her/his own costs.

Susan Njeri Kinyanjui vs Elizabeth Wambui Kamau [2002] KEHC 871 (KLR)

✦ The appeal is dismissed with costs.

HASSAN HAMADI ABDALLA v REPUBLIC [2002] KEHC 456 (KLR)

✦ The conviction is quashed and the sentence is set aside

FUAD MAHMOUD MOHAMED vs KENYA OIL CO. LTD [2002] KEHC 936 (KLR)

✦ The preliminary objections are upheld, and the suit is stayed pending the determination of the pending case in Nairobi High Court.

Fredrick S. Masinde & others v Evanson Kamau and 4 others [2002] KEHC 1186 (KLR)

✦ The application is dismissed

S.D v A.J.H.D [2002] KEHC 304 (KLR)

✦ The court grants an order dissolving the petitioner's marriage to the respondent and awards custody of the children to the petitioner with 'fair access' to the respondent. The court also orders the husband to pay the costs of the divorce as agreed in the consent order.

JAZIRA AGENCIES (NAIROBI) LTD vs NAZEEM AHMED [2002] KEHC 664 (KLR)

✦ The application is dismissed with costs to the respondent.

UNITED INSURANCE CO. LTD v CHIEF MAGISTRATE COURT MILIMANI [2002] KEHC 252 (KLR)

✦ The application is granted on the condition that the advocate pays costs, deposits the balance of the decree, or provides a bank guarantee.

TERESA NYANGWESO KENG’OTORE vs THE PUBLIC TRUSTEE [2002] KEHC 109 (KLR)

✦ Application dismissed with costs

THIKA WAX WORK LIMITED vs NOVA CHEMICALS (NCL) LIMITED [2002] KEHC 1247 (KLR)

✦ The Defendant is in breach of the contract and will refund Ksh. 2,500,000 as down payment and transport cost of Ksh. 239,400. Interest on the down payment and transport cost will be at court rates.

SAIFUDDINYAMANI vs NATIONAL BANK OF KENYA LTD & ANOTHER [2002] KEHC 799 (KLR)

✦ The court cannot determine the legal issues raised in the suit, but it will examine the legal grounds raised to determine if the plaintiff has established a prima facie case.

FRANCIS MWAURA NDUNGU vs REPUBLIC [2002] KEHC 509 (KLR)

JOHN KIMATHI MBUTHIA vs REPUBLIC [2002] KEHC 356 (KLR)

✦ The conviction is quashed and the sentence set aside

FRANCIS KINYUA & 236 OTHERS vs MUNICIPAL COUNCIL OF MOMBASA & ANOTHER [2002] KEHC 737 (KLR)

✦ The injunction orders and terms dated August 18, 2000, are hereby lifted and the main matter is marked as finalized.

TREADSETTERS TYRES LIMITED vs HUSSEIN DAIRY LIMITED [2002] KEHC 545 (KLR)

✦ The Preliminary Objection succeeds, the affidavit sworn on 28th March 2000 is expunged from the record.

Nashon Fitzwanga v Environment Disaster Research Foundation [2002] KEHC 1176 (KLR)

✦ The court held that the application to join the Kenya Revenue Authority as a party should be dismissed because it was filed after the main suit was dismissed.

VALENTINE INVESTMENTS CO. (MSA) LTD. v JOYCE MUMBUA MUTISYA T/A HOTEL ROCK PARADISE [2002] KEHC 761 (KLR)

✦ The court granted summary judgment to the plaintiff for the recovery of the land and buildings, rent in arrears, and mesne profits. The court also ordered a stay on the eviction and maintenance of the status quo.

K.K. GUARDS RADIO SECURITY SYSTEM LTD vs CARTRACK SERVICES LTD [2002] KEHC 553 (KLR)

✦ The plaintiff is entitled to an interim injunction to restrain the defendant from handling or removing the equipment and to a possessory lien on the machinery pending payment of all dues.

SHIGOG INVESTMENTS LIMITED vs NATIONAL BANK OF KENYA LIMITED & 3 OTHERS [2002] KEHC 608 (KLR)

✦ The application is allowed, and orders are granted as prayed with costs.

In Re GERALD TINDI OTIENO [2002] KEHC 276 (KLR)

✦ The application is dismissed as there is no appropriate evidence of the notice under the Rules and its service.

Sailesh Shah v Republic [2002] KEHC 1157 (KLR)

✦ The court denies the application and there shall be no orders as to costs.