Kenyan case law
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JOB NYASIMI MOMANYI & 2 others v ATTORNEY-GENERAL & another [2009] KEHC 4201 (KLR)
✦ The court dismissed the application for conservatory or interim orders.
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NUSURA ABDULLAHI SHABAN & another v IBRAHIM SEBI [2009] KEHC 1252 (KLR)
✦ The grant of letters of administration to the petitioners was revoked and they have no right over the suit property. The objector is at liberty to take legal steps to acquire a title deed for the land.
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L.K.J v M.N.M [2009] KEHC 2006 (KLR)
✦ The respondent is found in desertion of the petitioner, and the marriage is dissolved.
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MITCHELL COTTS FREIGHT KENYA v SWALEH HASSAN ALI [2009] KEHC 2059 (KLR)
✦ The court granted an interim injunction restraining the defendant from entering into any agreement for sale, transfer, subletting, leasing, charging, alienating, or making any disposition over the suit properties pending the hearing and disposal of the suit.
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In Re B.R (Baby) [2009] KEHC 4189 (KLR)
✦ The application for appointment of S.M.H as Guardian Ad Litem is granted. The application for adoption of B.R is granted.
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MARIAM MOHAMED v SALIM THOYA [2009] KEHC 2046 (KLR)
✦ The application for substitution is denied as the appeal has abated due to the death of the appellant and the failure to apply for revival of the appeal.
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AMINA ALI ABDALLA v FEISAL MOHAMED ALI [2009] KEHC 698 (KLR)
✦ Respondent's application is allowed, ex-parte injunction is set aside, draft replying affidavit is deemed duly filed and served
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In Re G.F (Baby) [2009] KEHC 1104 (KLR)
✦ The court appointed B.G.M. as Guardian ad Litem and authorized M.A.M. to adopt Baby G.F.
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OCHANDA ONGURU T/A OCHANDA ONGURU & CO. ADVOCATES v ASHA SHARIFF ALWY ABRAAR [2009] KEHC 1886 (KLR)
✦ The court ordered that the application be dismissed as the plaintiff failed to show that there has been discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge and could not be produced at the time the decree was passed.
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KEVIN AGGREY WAKOLI v HOUSING FINANCE [2009] KEHC 2055 (KLR)
✦ The plaintiff breached the terms of the loan agreement by failing to make monthly installments and diverting the loan funds.
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MSAMBWENI LAND DISPUTE TRIBUNAL v RAMADHANI SWALEHE MWATAPHA & another Ex-Parte SULTAN KHAN ABDULLA & another [2009] KEHC 2077 (KLR)
✦ The Tribunal had no jurisdiction to grant the orders made, and only a court of law can revoke the title.
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CYRUS NYORI N. MBUGUA V SAUL CHEMOS TUKA [2009] KEHC 4257 (KLR)
✦ A mandatory injunction is granted compelling the Defendant to vacate and return the title deed of the land.
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MARY WANGARI GAKUU V JANE NYAMBURA WAINAINA & ANOTHER [2009] KEHC 2089 (KLR)
✦ The application is allowed, and the time limited by section 8(1) of the Land Disputes Tribunals Act is hereby enlarged to enable the applicant lodge an appeal against the decision of the Land Disputes Tribunal to the Central Province Appeals Committee at Nyeri.
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WILLIAM RICHARD KUTAI V KENYA RAILWAYS CORPORATION [2009] KEHC 2092 (KLR)
✦ Plaintiff's case is struck out, and judgment on liability is entered at 100%. Damages awarded as follows: Special damages - Kshs.20,000/=, General damages - Kshs.3,000,000/=, Loss of future earnings - Kshs.1,685,086.20, Future medical costs - Kshs.1,000,000/=
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JULIUS MWIVITHI NZUKU v FERNANDO VISCHI & 21 OTHERS [2009] KEHC 1481 (KLR)
✦ The court denied both adjournments, stating that the applications were made at the last minute and that the defendants were not prepared.
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PETER NJIIRI MURACIA V MICHAEL MWAKIDILO THOYA [2009] KEHC 2149 (KLR)
✦ The court denied the application for an interlocutory injunction.
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RURAL HOUSING ESTATES LIMITED v ELDORET MUNICIPAL COUNCIL [2009] KEHC 2054 (KLR)
✦ The arbitrator's award is set aside due to errors in law and the award dealing with a dispute not contemplated in the agreement.
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IN THEMATTER OF REGISTRATON OF TITLES ACT CAP 281 LAWS OF KENYA & OTHERS [2009] KEHC 2143 (KLR)
✦ The application is struck out with no orders as to costs.
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ORIENTAL COMMERCIAL BANK LTD v KENYA HOTELS LTD [2009] KEHC 2071 (KLR)
✦ The applicant's case for a valid security capable of being enforced by the court is proven, and the applicant is granted leave to sell the suit properties to recover the sum owed.
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JACOB MWAMBURI v REPUBLIC [2009] KEHC 2668 (KLR)
✦ The conviction is unsafe and the appeal is allowed. The conviction is quashed and the sentence set aside. The appellant should be released.
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IN THE MATTER OF:AN APPLICATION BY LINO STATIONER K & OTHERS V THE DIRECTOR & ANOTHER [2009] KEHC 2091 (KLR)
✦ The application is struck out due to non-compliance with the Civil Procedure Rules.
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CYCLE IMPORTERS LIMITED V KALSON PROPERTIES LIMITED & 3 OTHERS [2009] KEHC 2090 (KLR)
✦ The court granted mandatory injunctions for the return of removed goods and restrained further removal or sale of goods, and set aside a previous injunction.
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JUMA OMAR DUME v REPUBLIC [2009] KEHC 2670 (KLR)
✦ The appeal is allowed. The appellant's conviction is hereby quashed and the sentence is set aside. The appellant should be released forthwith unless he is otherwise lawfully held.
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MASHAKA TERO KIZIWI v REPUBLIC [2009] KEHC 2669 (KLR)
✦ The appeal is allowed, conviction quashed, sentence set aside, appellant released
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PETER SOLACHER T/A PETLEY’S LAUNDING v DIANI PEAK LIMITED [2009] KEHC 2053 (KLR)
✦ The defendant's application for summary judgment is dismissed. The plaintiff's reply and defence to the counterclaim are deemed duly filed with the leave of the court.