Kenyan case law
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KWALITY CANDIES & SWEETS LTD v INDUSTRIAL DEVELOPMENT BANK LTD [2006] KEHC 1788 (KLR)
✦ The court grants an injunction to restrain the defendant and its appointed Receiver Managers from taking over the plaintiff's assets for 90 days, provided the plaintiff pays KShs. 3.0 million within 7 days.
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JAMES ALUKOYE WERE v LURAMBI DIVISIONAL LAND DISPUTES TRIBUNAL & another [2006] KEHC 1431 (KLR)
✦ The High Court quashed the decision of the Lurambi Division Land Disputes Tribunal and prohibited the Chief Magistrate Court from adopting the award as a judgment.
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DANIEL KAMAU MUGAMBI v HOUSING FINANCE COMPANY OF KENYA LTD [2006] KEHC 1790 (KLR)
✦ The application for injunction is dismissed as the plaintiff has been irregular in his remittances and has not shown that the interest charges were unlawful.
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EAST AFRICAN POWER MANAGEMENT LIMITED v OWNERS OF THE VESSEL “VICTORIA EIGHT” [2006] KEHC 1692 (KLR)
✦ The preliminary objection fails and is dismissed with costs.
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CHARLES MBAI MATIKU & 4 others v REPUBLIC [2006] KEHC 1707 (KLR)
✦ The application for transfer of the case to another court has no merit and is rejected. The trial will proceed before Mr. Wandera.
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MENENGAI FARMERS LIMITED v NZOMO MUIYA [2006] KEHC 1779 (KLR)
✦ The two suits were consolidated without a rationale or legal basis, and are referred back to the Subordinate Court for separate trials by a different Magistrate.
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REPUBLIC v CHAIRMAN LICENSING COURT & 2 others [2006] KEHC 1806 (KLR)
✦ The court grants prayers (a), (b) and (c) of the Application amended on 8th June, 2006. The 1st respondent shall pay the Applicant’s costs.
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NYOIKE MATHU & 2 OTHERS v ATTORNEY GENERAL & 2 OTHERS [2006] KEHC 1773 (KLR)
✦ The application is granted and the suit is dismissed for want of prosecution.
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BARCLAYS BANK OF KENYA LIMITED v ABDI ABSHIR WARSAME & another [2006] KEHC 1799 (KLR)
✦ The court found the plaintiff's execution illegal and set aside the costs award. The plaintiff is estopped from selling the motor vehicle registration No. KAQ 076Z, and the plaintiff must release it to the 2nd defendant.
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MOSES NJUE GACHOKI & another v REGISTRAR, KENYA MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS BOARD & 2 others [2006] KEHC 1792 (KLR)
✦ The Plaintiffs' suit is fatally defective and cannot form the basis for any interlocutory mandatory injunction.
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RACHAEL MUMBI KIGUNDA v HOUSING FINANCE COMPANY LIMITED & another [2006] KEHC 1859 (KLR)
✦ The court dismissed the plaintiff's application for an interim injunction, finding that the plaintiff did not have a legal right to protect and that the plaintiff's basis for seeking relief was fallacious.
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MUGOYA CONSTRUCTION & ENGINEERING LTD v BOARD OF TRUSTEES NATIONAL SOCIAL SECURITY FUND [2006] KEHC 1798 (KLR)
✦ The court grants the plaintiff's application to amend the plaint.
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CAROLYNE JUDITH ODUOR v SELF MATSABE OMUTIMBA [2006] KEHC 1740 (KLR)
✦ The court orders the transfer of Mombasa Children's Court Case No.55/2005 from Mombasa to Mumias Resident Magistrates Court for hearing and disposal.
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M’IMPWI M’ARIMI & another v DORCAS KARINTHONI [2006] KEHC 1852 (KLR)
✦ The court dismisses the plaintiffs' application for a declaration of trust and orders of adverse possession.
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CHAUDRI AND ASSOCIATES v DUBAI BANK KENYA LIMITED [2006] KEHC 1801 (KLR)
✦ The objection by Makhecha & Co. is rejected, and the preliminary objections are dismissed with costs to the plaintiff. The interim orders are extended until the final determination of the application.
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P.M.M. PRIVATE SAFARIS v KEVIN IJATIA [2006] KEHC 1765 (KLR)
✦ The application is dismissed with costs to the Respondent and against the Applicant.
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MW v JK [2006] KEHC 1205 (KLR)
✦ The decree of divorce is granted, and the marriage is dissolved. The petitioner is awarded custody of the four children until they reach majority.
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CHAMBEKE INVESTMENTS LTD v SPENCON KENYA LTD [2006] KEHC 1499 (KLR)
✦ The suit is dismissed with costs to the defendant.
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RAIPLYWOODS (K) LIMITED v AMBROSE ANDATI [2006] KEHC 1820 (KLR)
✦ The appeal is allowed, and the judgment of the subordinate court is set aside. The suit against the appellant is dismissed with costs.
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MULI NZUVE v REPUBLIC [2006] KEHC 1471 (KLR)
✦ Kilungu Criminal Case No. 480 of 2005 is hereby transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
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SAMSON LEREYA & 800 others v ATTORNEY GENERAL & 2 others [2006] KEHC 1857 (KLR)
✦ The preliminary objection is dismissed.
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DICKSON MIRITI KAMONDE v KENYA COMMERCIAL BANK LTD [2006] KEHC 1853 (KLR)
✦ The Application is allowed and the suit is dismissed for want of prosecution.
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In Re the Estate of Madhupaper International Ltd [2006] KEHC 1874 (KLR)
✦ The application for stay of the winding up order is dismissed with costs awarded to the petitioners and supporting creditors.
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MATESO JUMA v REPUBLIC [2006] KEHC 1624 (KLR)
✦ The appeal is allowed, the conviction quashed, and the sentence set aside. The appellant is set free unless otherwise lawfully held.
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MURYANI NYANJE v REPUBLIC [2006] KEHC 3491 (KLR)
✦ The appeal is allowed to the extent that the sentence is reduced to twelve years imprisonment with hard labour. The four strokes of the cane are set aside.