Kenyan case law
-
AMARCO KENYA LTD v MINISTER FOR FINANCE & another [2008] KEHC 2194 (KLR)
✦ The motion is dismissed with costs to the Respondents as they demonstrated compliance with natural justice and statutory provisions.
-
GEOLOY INVESTMENTS LIMITED & 4 others v CONSOLIDATED BANK OF KENYA LTD [2008] KEHC 2173 (KLR)
✦ The consent order is varied to read the sum of Kshs.8,857,161/19. Plaintiffs are granted an extension of time to pay the admitted sum by a further period of ninety (90) days.
-
EMKAY BUILDERS LTDS v ZAVERCHAND RAMJI SHAH & 2 others [2008] KEHC 2245 (KLR)
✦ The agreement giving rise to the dispute was entered into after the third defendant's death, and there is no cause of action against him. The suit against the third defendant was not in existence at the time of his demise. The plaintiff is guilty of inordinate delay in prosecuting the suit.
-
NDUUVE KAVENE KIOKO v SUKHDEN PARNESAR SINGH [2008] KEHC 2235 (KLR)
✦ The court ordered a stay of proceedings in the subordinate court case pending the hearing and determination of the application.
-
LEISURE LODGES LIMITED v IBRAHIM MAKANZU & 6 others [2008] KEHC 1051 (KLR)
✦ The court restrained the defendants from further entering upon and performing acts of re-surveying, uprooting beacons, planting new beacons, cutting down trees, fences, and sign posts, digging trenches, fencing off portions, clearing the ground, laying foundations, constructing structures, and interfering with the plaintiff's proprietary rights over any part or portion of land or sub-division from Kwale/Diani Beach Block/856.
-
AGGREY PETER THANDE v CO-OPERATIVE BANK OF KENYA LIMITED [2008] KEHC 2240 (KLR)
✦ The court finds no merit in the Preliminary Objection and overrules it, with costs awarded to the plaintiff.
-
PALACE DRYCLEANERS LTD & another v KENYA POWER & LIGHTING CO. LTD [2008] KEHC 1870 (KLR)
✦ the applicant's notices of motion are dismissed with costs
-
KHAMIS AHMED KHALEF v REPUBLIC [2008] KEHC 876 (KLR)
✦ The trial magistrate did not breach the applicant's constitutional rights to a fair trial. The order staying proceedings is set aside.
-
MAGDALINE WAMBUI WARUI v KERAGU GECAGA & another [2008] KEHC 3802 (KLR)
✦ The Defendant's counterclaim for damages is dismissed as the Defendant failed to formally prove the sale agreement and purchase price.
-
KAMAU GAKUO v AHLUWALIA [2008] KEHC 2168 (KLR)
✦ The court finds the defendant liable for 100% of the damages and orders a global award of Kshs. 680,000.00 for loss of dependency, with interest and costs.
-
CHARLES GICHANA ANGWENYI v FRANCIS OMBONYO ANGWENYI [2008] KEHC 2042 (KLR)
✦ The court grants the plaintiff's application for a temporary injunction to restrain the defendant from interfering with and dealing with the suit land.
-
In Re RWK (a Baby) [2008] KEHC 1965 (KLR)
✦ The court grants the adoption of Baby T by GKH and VWM, and the child is known henceforth as RWK.
-
TOTAL (K) LIMITED & another v NAOMI KEMUNTO [2008] KEHC 2061 (KLR)
✦ The appeals are allowed but no order as to costs is made.
-
NJUHI KINIU & another v GEORGE MUNYUA MBIRA [2008] KEHC 2074 (KLR)
✦ The court grants leave to the Applicants to file appeal out of time and grants a stay of execution pending the appeal, subject to the Applicants filing their appeal within 14 days of delivery of this ruling.
-
BELDINA MOKAYA v ROBERT OMBASO NYARERU & another [2008] KEHC 2039 (KLR)
✦ The court grants the interim orders of injunction sought by the plaintiff, protecting her rights over the suit premises.
-
ARI CREDIT & FINANCE v HENRY MIGINGO JURA (Civil Case 5916 of 1990) [2008] KEHC 1699 (KLR) (11 July 2008) (Judgment)
✦ The Plaintiff is entitled to judgment against the Defendant in the sum of Kshs.734,530/- together with interest at the rate of 19% per annum from 19th July 1990 until payment in full.
-
PINNACLE CONSULTANTS LIMITED v DOMINION CONSULTANTS LIMTED [2008] KEHC 1235 (KLR)
✦ Judgment for the Plaintiff and against the Defendant in terms as stated in prayers (a) and (b) of the Plaint. The Plaintiff is also awarded costs of this suit plus interest at court rates.
-
EAST AFRICAN FOUNDRY WORKS (K) LTD v MAANDEEQ AFRICAN LIMITED [2008] KEHC 1710 (KLR)
✦ Summary judgment cannot be entered in the Plaintiff's favor, but judgment on admission is allowed in the sum of Kshs. 2,978,000/-.
-
P.M. WAMAE & CO. ADVOCATES v REUBEN KIPLAGAT CHESIRE [2008] KEHC 285 (KLR)
✦ Preliminary Objection dismissed with costs.
-
In Re Ali Sele, Benson Wairagu & Joseph Ng'ethe Gitu [2008] KEHC 2277 (KLR)
✦ The application is dismissed with costs to the Interested Party (IP) only since the Respondent did not attend the hearing.
-
ABEL ONDIMU SAGINI v MERIDIAN AMSCO LIMITED & 2 others [2008] KEHC 2046 (KLR)
✦ The application has no merit and is dismissed with costs to the Respondent
-
KENYA CHEMICAL AND ALLIED WORKERS UNION v COSMO PLASTICS LIMITED [2008] KEHC 1911 (KLR)
✦ The application is dismissed as the Objector failed to prove on a balance of probabilities that it is entitled to, or that it has a legal or equitable interest in, the whole or a part of the attached property.
-
DONALD KAMURU KIBERA v LONHRO MOTOR (E.A.) LTD & another [2008] KEHC 282 (KLR)
✦ The plaintiff’s suit is dismissed for want of prosecution.
-
J.K. KIBICHO & COMPANY ADVOCATES v INOI FARMERS CO-OPERATIVE SOCIETY LIMITED [2008] KEHC 3779 (KLR)
✦ The application is allowed, and the costs are to be garnished from the garnishee's account.
-
NATIONAL INDUSTRIAL CREDIT BANK LTD v JAMES SIAMBE IMBAYA & another [2008] KEHC 2212 (KLR)
✦ The delay is not prolonged and inexcusable, and the Plaintiff has not waived or acquiesced in the delay. The application for dismissal of the suit is dismissed.