Kenyan case law
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DAVID MUCHEMI v MAINA NDUNYU & 2 OTHERS [2007] KEHC 2439 (KLR)
✦ The Appellant's application is dismissed with costs to the Respondents.
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JAMES MUNENE KANYI v REPUBLIC [2007] KEHC 2476 (KLR)
✦ The application is dismissed. The trial is to continue at the Nyeri Magistrate's Court.
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JERVASIO G. NGATIA v EQUITY BANK OF KENYA & 2 OTHERS [2007] KEHC 2501 (KLR)
✦ The Appellant’s application by way of Notice of Motion dated 28th March 2007 is dismissed with costs to the Respondents.
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DAVID CIAYU NJOGU v REPUBLIC [2007] KEHC 470 (KLR)
✦ The appellant should be found guilty of manslaughter and sentenced to 10 years imprisonment.
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PAUL MACHARIA THUA v NANCY KIRIGO WACHOME & ANOTHER [2007] KEHC 2474 (KLR)
✦ The Notice of Motion is dismissed with costs to the Respondent
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MARGARET WANGITHI NDUTHU v NDUTHU WANJOHI & ANOTHER [2007] KEHC 2487 (KLR)
✦ The court finds that Margaret Wangithi Nduthu should be removed from property IRA-INI/GATUNDU/858 together with her family within 30 days from the date of this ruling.
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KENYA SEED COMPANY LIMITED v KENYA FARMERS ASSOCIATION LTD [2007] KEHC 669 (KLR)
✦ The application is incompetent and not properly before the court. It is hereby struck out with costs to the Plaintiff.
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AYUB KINYUA MUNYIRI & 3 OTHERS v SIMON MUNYIRI KINYUA & ANOTHER [2007] KEHC 2484 (KLR)
✦ The plaintiffs failed to show a prima facie case with probability of success and did not demonstrate they would suffer irreparable injury if the sale proceeds.
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DANSON KIHARA KAIRU v JAMES MBUGUA KAIRU [2007] KEHC 2408 (KLR)
✦ The appeal is dismissed with costs to the respondent. Grounds 1, 5, and 8 are upheld due to the affidavit of service not being controverted. Grounds 2, 3, 6, and 9 are rejected as the appellant did not raise these issues at the Lower Court.
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DOMINIC NJUGUNA WAIRIMU v JOSEPH WAMBUGU KIBE [2007] KEHC 2374 (KLR)
✦ The suit is struck out with leave to file a fresh suit through an originating summons for leave to file suit out of time.
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M.A. KOINANGE v JOYCE GACHUKU & 2 OTHERS [2007] KEHC 3566 (KLR)
✦ The Interlocutory Judgment against the 1st defendant is set aside due to the failure to receive the summons.
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REPUBLIC v THOMAS PATRICK GILBERT CHOLMONDELEY (Criminal Case 55 of 2006) [2007] KEHC 2711 (KLR) (27 July 2007) (Ruling)
✦ The court directs the defence team to supply the prosecution with the statements and particulars of the 7 witnesses and copies of any documents or forensic reports within 15 days.
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FREDRICK WACHIRA NDEGWA v RICARDA WANJIKU NDANJERU & ANOTHER [2007] KEHC 2493 (KLR)
✦ The Court transfers the case to the High Court Nairobi Constitution and Judicial Review Division for the hearing of the Chamber Summons dated 5th March 2007.
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MAINGI MUNYOKI v REBECCA CIERANJA [2007] KEHC 2456 (KLR)
✦ The application is allowed in terms of prayer (d) only and the defendant is granted leave to challenge the elders award which led to the decree of eviction.
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BEATRICE WAKONYU KAMAU v JOYCE MUTHONI KIRIGI [2007] KEHC 2499 (KLR)
✦ The judgment of the Senior Resident Magistrate's Court is set aside, and the costs of the Chamber Summons are awarded to the Appellant.
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In Re The Matter of The Estate of Njoroge Kamuru (Deceased) (Miscellaneous Succession Cause 3490 of 2004) [2007] KEHC 2055 (KLR) (27 July 2007) (Ruling)
✦ Half of the 4.75 acre plot is divided equally among Grace Wanjiru Mata, Regina Wairimu, and Mary Njoki. Mary Njoki's share is divided between her and Peter Mathenyu. The remaining half is divided among other beneficiaries.
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CHARLES MUSAU MUNGUTI v DOSHI & CO. (H) LTD (Civil Appeal 373 of 2005) [2007] KEHC 2370 (KLR) (27 July 2007) (Judgment)
✦ The appeal is allowed. The lower court's failure to make a pronouncement on future medical expenses is quashed and set aside. It is substituted with an award of Kshs 80,000 for future medical expenses.
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KENYA SEED COMPANY LIMITED v KENYA FARMERS ASSOCIATION LTD [2007] KEHC 2436 (KLR)
✦ The application is incompetent and struck out with costs to the Plaintiff.
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MICHAEL WANJOHI MATHENGE v LYDIAH NYAGUTHII AGATHA & ANOTHER [2007] KEHC 2495 (KLR)
✦ The Court dismissed the Plaintiff's appeal, finding that the Plaintiff failed to prove his case on a balance of probability.
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CHARLES NDUMU WANYOIKE v GERALD MUCHIRI NDIRANGU & ANOTHER [2007] KEHC 2496 (KLR)
✦ The Notice of Motion dated 10th June 2006 is struck out and the costs therefore shall be in the cause. The Deputy Registrar of the Court shall give notice to the parties in accordance with Order XLI Rule 31(2).
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JAMES MUNENE KANYI v REPUBLIC [2007] KEHC 447 (KLR)
✦ The application is dismissed as the trial has progressed and the prosecution has closed its case.
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AUGUSTINE MPAKA MUGWIKA v HOUSING FINANCE LTD [2007] KEHC 2364 (KLR)
✦ The court maintains the status quo and directs the parties to take dates for the hearing of the suit during the new term on a priority basis.
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REPUBLIC V PETER KARIUKI MUIBAU [2007] KEHC 2684 (KLR)
✦ The confession was admissible in court as it was recorded by a Principal Magistrate, who is a court authorized to take evidence.
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REPUBLIC v NAHASHON MURUNGI M’ITAYA [2007] KEHC 2500 (KLR)
✦ The appeal is allowed, and the respondent is found guilty of assault causing grievous harm.
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BOG KIBABII HIGH SCHOOL v SIMON MABONGA [2007] KEHC 2061 (KLR)
✦ The judge found that the signatures on the hearing notice and affidavit of service were forged and disqualified Mr. Waswa from further appearances in the case.