Kenyan case law
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Elizabeth Njeri v Housing Finance Co. (K) Limited & 2 others [2009] KEHC 1640 (KLR)
✦ The application by the 3rd defendant is allowed and the suit as against the 3rd defendant is hereby struck out with costs against the plaintiff.
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KARUNGURU ESTATE LIMITED v JEREMIAH NANDWA MUSTA [2009] KEHC 1925 (KLR)
✦ The court held that the respondent's injuries were not caused by the appellant's negligence and that the respondent's injuries were not aggravated by the appellant's failure to provide proper gumboots.
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MWANZIA MWANIA v REPUBLIC [2009] KEHC 1779 (KLR)
✦ The appeal is dismissed as the sentence is the minimum allowable and the court has no discretion to reduce it.
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MICHAEL MUTAVA KARANJA v REPUBLIC [2009] KEHC 1976 (KLR)
✦ The case against the Appellant was proved beyond reasonable doubt, and the Appellant's defence was not considered. The appeal is dismissed.
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J.B.S HALAKE v BURREL ENGINEERING & CONSTRUCTION CO. LTD [2009] KEHC 2060 (KLR)
✦ The Deputy Registrar's order was made on the basis of donated power and an appeal lies to a judge in chambers within 7 days of the decision.
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John Walter Owino v Co-operative Bank of Kenya & another [2009] KEHC 1981 (KLR)
✦ The application lacks merit and is dismissed with costs.
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SEMFEB LIMITED T/A CINNAMON TREE v DHIREN HAIR DESIGNER LIMITED [2009] KEHC 687 (KLR)
✦ The landlord's application for interim measures is disallowed, and the appellant's application for a stay of execution is allowed pending the appeal. The appellant will have costs of the application.
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ARISTOCRATS CONCRETE COMPANY LIMITED v MAVOKO MUNICIPAL COUNCIL [2009] KEHC 684 (KLR)
✦ The suit and proceedings are struck out due to the defect in the description of the defendant and the nullity of the proceedings.
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NGATIA WANJAU IRIMU & 38 others v JANMOHAMMED CASSAM [2009] KEHC 1148 (KLR)
✦ The plaintiffs have become entitled by adverse possession to the land registered as Plot No. 154 Section II M.N Mombasa. An order vesting good title to the suit land shall be issued and registered in favor of the plaintiffs/applicants.
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GACHANGO MIRUANI KIGOMO v REPUBLIC [2009] KEHC 1971 (KLR)
✦ The sentences for Counts I and III, and Counts I and IV, will run concurrently.
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CHARLES NZIOKA NZUKI V KENYA AFRICAN NATIONAL TRADERS & FARMERS UNION [2009] KEHC 1982 (KLR)
✦ The court dismissed the application and set aside the previous judgment.
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JOSEPH KOTONYA AKETCH v JOHN NGARUIYA & another [2009] KEHC 1936 (KLR)
✦ The confirmed interim orders are hereby confirmed and the plaintiff is granted costs of the application.
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ELIUD MWALE LEWA & another v PAKA TOURS LIMITED & another [2009] KEHC 969 (KLR)
✦ The appeal is dismissed
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BENSON MUCHIRI MUTHOKA & another v KELLEN WAITHERERO GICHIMU [2009] KEHC 1155 (KLR)
✦ The application is dismissed with costs.
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ELIZA WAKESHO THOMAS v VELENTINA WONGE MWAKIDEU [2009] KEHC 913 (KLR)
✦ The application for revocation of the grant is dismissed as the applicant has failed to prove her allegations on a balance of probability.
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PHILLIP K MAKANGA & 4 others v JUSTUS NJUGUNA & another [2009] KEHC 2002 (KLR)
✦ The court declines to grant the injunction sought and discharges the interim orders granted by the previous judge.
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MIRIAM NJERI MURIMI v KENYA BROADCASTING CORPORATION [2009] KEHC 1712 (KLR)
✦ The Defendant is found 100% liable in negligence.
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JOSEPH NDAI MUSYOKA v REPUBLIC [2009] KEHC 1975 (KLR)
✦ The appeal is dismissed as there is no merit to the appeal.
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JAMES TOROITICH KISA v MUSA O. OMUSE & 3 others [2009] KEHC 247 (KLR)
✦ The court dismissed the chamber summons as there was no evidence to sustain the objection and the trust deed was not registered and thus had no evidential value.
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JOHN GAKOBO MACHARIA v KENYA POWER & LIGHTING COMPANY LIMITED [2009] KEHC 1964 (KLR)
✦ The application is dismissed with costs due to the inordinate delay and lack of a good explanation for the delay.
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PETER KIBOGORO WANJOHI v CHRISTINE WAKUTHI MURIUKI & another [2009] KEHC 1852 (KLR)
✦ The court awards special damages of Kshs. 65,200.00 with interest, general damages of Kshs. 165,000.00 (Pain and suffering, loss of expectation of life, and loss of dependency), and costs of the suit with interest.
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ANN MWIKALI v KENYA POWER & LIGHTING COMPANY LIMITED [2009] KEHC 1949 (KLR)
✦ The court dismissed the appellant's suit and appeal, finding no evidence of negligence and no injury resulting from the respondent's actions.
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JOEL MULI MUSYOKI v EMMA KAMENE MULI [2009] KEHC 1967 (KLR)
✦ The court granted the petition for dissolution of marriage and awarded custody of the children to the petitioner.
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ANNE KARURA KIBATI v SAMUEL BEDE OGEMBO [2009] KEHC 670 (KLR)
✦ The court granted an interim injunction restraining the defendant from selling the property and ordered specific performance of the sale agreement.
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ESTHER MURUGI MUHOI & 9 others v JANE WANJIRU KAMAU & 2 others [2009] KEHC 1782 (KLR)
✦ The court found that the plaintiffs' application for an interim injunction was incompetent due to procedural defects and that the ingredients for granting an injunctive relief were not satisfied.