Kenyan case law

JOYCE NJERI IRUNGU v MUTHONI IRUNGU [2006] KEHC 1752 (KLR)

✦ The appeal is partially allowed, and the certificate of confirmation dated 11th January, 2006 is set aside and revoked. The grant of representation is issued in the names of the Appellant and the Respondent, and the Subordinate Court shall establish the identification of the beneficiaries and issue a certificate of confirmation of grant.

MEA LIMITED v FAGS LTD [2006] KEHC 1153 (KLR)

✦ The defendant's application to set aside the summary judgment is allowed. The judgment and decree are declared invalid.

HOUSING FINANCE COMPANY OF KENYA LTD v PRUDENTIAL DRY CLEANERS LTD [2006] KEHC 1539 (KLR)

✦ The court allows the application for judgment for possession as the conditions for granting an order for possession have been met.

LABAN ONONO & another v DAN OWITI [2006] KEHC 1780 (KLR)

✦ Appeal dismissed with costs to the respondent

JOHN KINYUA GATONGU v REPUBLIC [2006] KEHC 229 (KLR)

ROSE MUNYASA & another v BARCLAYS BANK OF KENYA LTD [2006] KEHC 1500 (KLR)

✦ The court grants the application for leave to amend the pleadings and to join a new defendant.

MURANG’A COUNTY COUNCIL v KENYA POWER & LIGHTING CO. LIMITED [2006] KEHC 1602 (KLR)

✦ The plaintiff’s chamber summons is dismissed with costs to the defendant.

In Re the Estate of Miriam M Kungu (Deceased) [2006] KEHC 1755 (KLR)

✦ The Public Trustee be appointed to manage the property known as plot No.3/7 Pumwani, Nairobi, pending the application for revoking the confirmed grant dated 2nd July 1993.

ELIJAH NJIRU MBUI v ROSE WAMUYU NYAGA [2006] KEHC 179 (KLR)

✦ The Plaintiff has proved his case on a balance of probabilities and the judgment is entered in his favor against the Defendant with no order as to costs.

CHRISTOPHER MURIITHI NGUGU v ELIUD NGUGU EVANS [2006] KEHC 1715 (KLR)

✦ The court grants leave to appeal and costs of the application

BARCLAYS BANK OF KENYA LIMITED v PAUL MASIBO & 4 OTHERS [2006] KEHC 1797 (KLR)

✦ The court finds that the prayers sought in the chamber summons are merited and grants the plaintiff's prayer No. 2 in the chamber summons dated 23rd February 2006. The plaintiff is also granted costs of that chamber summons payable to all the defendants.

In Re the Estate of John Mweu Kibinda [2006] KEHC 1754 (KLR)

✦ The handwritten and typed wills are valid and can be relied upon by the executors, and the estate will be dealt with as a testate one.

KALPANA SHETH v LUCY MATHAI T/A SEDARE [2006] KEHC 1815 (KLR)

✦ The application is well-founded and the pleadings and documents filed by Kennedy Getanda are struck off.

PIEDMONT INVESTMENTS LIMITED v STANDARD ASSURANCE KENYA LIMITED [2006] KEHC 1761 (KLR)

✦ The application must fail and be dismissed with costs to the Plaintiff.

OCCIDENTAL INSURANCE COMPANY LTD v JOEL MUNGATHA MANYARA & another [2006] KEHC 1805 (KLR)

✦ The application is dismissed as the suit is not for compensation for wrong done to the person

PRIVATE DEVELOPMENT CO. LTD v REBECCA NGONYO & another [2006] KEHC 1509 (KLR)

✦ The application is dismissed with costs to the respondents.

JOSPHAT KARINGI NDEGWA v REPUBLIC [2006] KEHC 1822 (KLR)

✦ The appeal is dismissed in its entirety.

PAUL RONO & JOHANA RONO v MUNICIPAL COUNCIL OF BOMET (Civil Suit 755 of 1995) [2006] KEHC 1521 (KLR) (14 July 2006)

✦ The plaintiffs' application to set aside the dismissal of their suit is dismissed with costs.

NYANZA SPINNING & WEAVING MILLS LIMITED v CREDIT BANK LIMITED & 2 others [2006] KEHC 1800 (KLR)

✦ plaintiff's objections are dismissed, defendant granted leave to amend its motion

Rosebella Jerono Mudavadi v David Kariuki Waiganjo & another [2006] KEHC 1175 (KLR)

✦ The plaintiff is granted a permanent order of injunction restraining the defendants from interfering with her quiet enjoyment of the land.

PAUL KURIA WAINAINA v NYANDARUA PROGRESSIVE AGENCIES LIMITED [2006] KEHC 1176 (KLR)

✦ The application for interlocutory injunction is dismissed as the plaintiff has not established a prima facie case of ownership.

KANAMPIU M’LIBUA v JACOB M’ABUANGA & 2 others [2006] KEHC 1854 (KLR)

✦ The Appeal is dismissed with costs to the Respondent.

Alberta Mae Gacie v Attorney General & 4 others [2006] KEHC 1714 (KLR)

✦ The court declared the land transfer null and void and ordered the defendants to delete and cancel the relevant documents.

C.K.N v R.N.K & another [2006] KEHC 1203 (KLR)

✦ The decree of divorce is pronounced, and the decree nisi shall issue after a period of three months after which it may be made absolute.

REPUBLIC v COMMISSIONER OF LANDS Ex-parte JAMES KIMOTHO & 6 others [2006] KEHC 1508 (KLR)

✦ The application for leave was filed before notice was issued to the registrar of the court, the substantive notice of motion was filed out of time, and the applicants have not taken any steps to have the notice of motion listed for hearing. The court will strike out the notice of motion and allow the application of the interested party.