Kenyan case law
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Hangzhou Agrochemical Industries Ltd v Panda Flowers Limited (Civil Suit 97 of 2009) [2012] KEHC 1937 (KLR) (Civ) (8 October 2012) (Ruling)
✦ The High Court had no power to transfer a case from one registry to another, and the applicant was penalized with costs for filing multiple similar suits.
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Kenneth Kiberenge Nalimae v Scholastic Chemari Wambete [2012] KEHC 1948 (KLR)
✦ The consent order is set aside as it was illegal and done without the petitioner's consent. The widows are not the administrators of the estate, and the dispute goes back to appointing an administrator.
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OKIYA OMTATAH OKOITI V ATTORNEY GENERAL & ANOTHER [2012] KEHC 1774 (KLR)
✦ The petition is dismissed as the application is res-judicata and there are no new circumstances either of law or fact that would entitle the judge to review his previous decision.
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JUMA MUCHEMI V MARGARET WAIRIMU GITUKIA [2012] KEHC 1213 (KLR)
✦ The appeal is allowed, the suit is dismissed for want of prosecution, and costs are awarded to the appellant.
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PANGAEA HOLDINGS LIMITED V HACIENDA DEVELOPMENT HOLDINGS LIMITED [2012] KEHC 1177 (KLR)
✦ The defendant’s Notice of Motion dated 28th June 2012 is hereby allowed in the following terms: Judgment entered on 22nd March 2012 against the Defendant in default of appearance and Defense and all consequential orders are hereby set aside. The defendant is hereby granted leave to file and serve its defense within seven (7) days from the date of this ruling. The matter herein be set down for hearing within thirty (30) days from the date of this ruling.
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MUMIAS SUGAR COMPANY LIMITED V MUMIAS OUTGROWERS CO. (1998) LIMITED [2012] KEHC 1212 (KLR)
✦ The court denied the Plaintiff's application for interim measures of relief, finding that the parties have an extensive symbiotic relationship and that the Plaintiff knows the financial status of the Defendant.
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JANE MUTHONI NJAGI & ANOTHER V FRIDAH WANJIKU [2012] KEHC 1791 (KLR)
✦ The Court directs that the evidence of the Petitioner/Respondent and PW2 (Grace Munyi Kagondu) be typed and preserved and both Fridah and Winfred be heard before a formal judgment is made in the matter. The status quo in respect of the Estate property be maintained pending the determination of the Estate of the deceased.
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RICHARD KIPNGETICH KENDUIWA V REPUBLIC [2012] KEHC 1753 (KLR)
✦ The court finds the accused not guilty of murder and directs his immediate release.
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KIOKO KILONZO & 3 OTHERS V REPUBLIC [2012] KEHC 1014 (KLR)
✦ The convictions are unsafe and are quashed
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Kioko Kilonzo & 3 others V Republic [2012] KEHC 1795 (KLR)
✦ The convictions are quashed and the appellants are set free
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COSMOS HOLIDAYS PLC V DHANJAL INVESTMENTS LIMITED [2012] KEHC 2027 (KLR)
✦ Grant an order of injunction restraining the petitioner from intermeddling with the estate and disposing off 71/2 acres of the suit property pending the hearing and determination of the other issues
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KIPKURUI LANGAT V POLICE COMMISSIONER/INSPECTOR GENERAL, NATIONALPOLICE SERVICE & ANOTHER (Petition 224 of 2011) [2012] KEHC 5910 (KLR) (5 October 2012) (Judgment)
✦ The High Court has jurisdiction to hear the petition and determine whether there has been a violation of constitutional rights.
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NDUNGU WARIUKI v MUSA SIRMA [2012] KEHC 2069 (KLR)
✦ The application is dismissed with costs to the plaintiff/respondent.
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MARINA MACHINERIES (K) LIMITED V BANK OF BARODA (K) LIMITED [2012] KEHC 5953 (KLR)
✦ The defect, if any, was a mere irregularity which did not go to the jurisdiction of the court and did not prejudice any of the parties to the suit and was waived by the conduct of the parties.
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ABRAHAM MWANGI WAMIGWI V SIMON MBIRIRI WANJIKU & ANOTHER [2012] KEHC 5479 (KLR)
✦ The application for transfer of the suit from the Chief Magistrate's Court to the High Court is dismissed with costs.
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REPUBLIC V DIRECTOR OF PUBLIC PROSECUTION & ANOTHER EX-PARTE CYRUS CHEBOI ROTICH [2012] KEHC 2050 (KLR)
✦ The applicant has not demonstrated entitlement to the orders sought and the application is dismissed.
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JOHN NJOGU NJENGA v THE BAHATI LAND DISPUTES TRIBUNAL [2012] KEHC 2047 (KLR)
✦ The tribunal acted ultra vires and did not have jurisdiction to entertain matters touching on inheritance and ownership of land. The decision of the tribunal and the Chief Magistrate's Court are quashed.
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RAMESH NARAN PATEL V ATTORNEY GENERAL & ANOTHER [2012] KEHC 2033 (KLR)
✦ The court sets aside the award of Ksh 400,000/= made by the learned Taxing Officer and substitutes therefor the sum of Ksh 210,000/= as instruction fees, and disallows any fees in respect of the item on Getting Up.
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APEX FINANCE INTERNATIONAL LIMITED & ANOTHER V KENYA ANTI-CORRUPTION COMMISSION [2012] KEHC 2044 (KLR)
✦ The court dismissed the application and directed that costs be in the cause.
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Consumer Federation of Kenya (COFEK) v Attorney General & 4 others [2012] KEHC 5492 (KLR)
✦ The court does not make any order as to costs.
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RAPHAEL YULU MUTIA & 2 OTHERS V REPUBLIC [2012] KEHC 1822 (KLR)
✦ We confirm the conviction and sentences handed out by the trial court.
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ISAIAH MUTAHI MARANGA V FRANCIS NGANGA & 2 OTHERS [2012] KEHC 5929 (KLR)
✦ The application for interlocutory injunction is granted.
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Bonface Mbururu Wanderi v Republic [2012] KEHC 1867 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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ERIC WANUPI V REPUBLIC [2012] KEHC 800 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is ordered to be set at liberty.
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ASIF SADIQ V MUMBI HOLDINGS LTD & ANOTHER [2012] KEHC 5948 (KLR)
✦ Application to strike out defence and enter judgment on 100% damages is dismissed