Kenyan case law
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A N A v R N K [2013] KEHC 6708 (KLR)
✦ The court allows the application and dismisses the previous decision.
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Absolom Oruru v Henry Nyabuto Onditi [2013] KEHC 1954 (KLR)
✦ The court declares that the defendant was not entitled to create a road of access through the plaintiff's land and grants the plaintiff's costs.
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Isaac Gichia Mbugua & another v Republic [2013] KEHC 6780 (KLR)
✦ The court dismissed the plaintiff's suit for want of prosecution.
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E O & 5 others v Kenya Pipeline Corporation & 2 others [2013] KEHC 6744 (KLR)
✦ The court directs the 1st Defendant to address the issues of service outside jurisdiction by way of a supplementary affidavit.
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Republic v Land Disputes Tribunal Board Marani District & Another Ex-Parte Lawrence Mironga Bichange & Another [2013] KEHC 1961 (KLR)
✦ The application is competent and the 1st respondent had jurisdiction to determine the claim. The 1st respondent's decision was not null and void. The 2nd respondent had jurisdiction to adopt the decision of the 1st respondent as a judgment of the court.
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Kenya Canners Sacco Society Ltd v Craft Silicon Ltd [2013] KEHC 6727 (KLR)
✦ The Court lacks jurisdiction to hear the originating summons and strikes it out with costs to the Respondent
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Republic v Chairman Suneka Land Disputes Tribunal & 3 others Ex-parte Dominic Maangu Nyabwengi & another [2013] KEHC 1908 (KLR)
✦ The 1st respondent had no jurisdiction to make the decision, and the decision was a nullity. The 3rd respondent had no jurisdiction to adopt the null decision as a judgment of the court. The application is granted, and the applicant is awarded costs.
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Linet Kemunto Nyakeriga & another v Ben Njoroge & 3 others [2013] KEHC 1566 (KLR)
✦ The Notice of Motion is dismissed as a gross abuse of the process of the Court.
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Cyrus Minda T/A Minda & Co. Advocates v Yunes Kerubo Oruta [2013] KEHC 1956 (KLR)
✦ The court finds the applicant's application bad in law and strikes it out with no order as to costs.
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Bianca Kabura Mwangi v James Kinuthia Mwangi [2013] KEHC 1914 (KLR)
✦ The plaintiff has proved her case on a balance of probabilities and the defendant should be evicted from the portion of the suit land he is occupying.
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Jean Miango v African Medical And Research Foundation (Amref) [2013] KEHC 6735 (KLR)
✦ The High Court does not have jurisdiction to hear the application, as the dispute is within the exclusive jurisdiction of the Industrial Court.
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John Oyamo Airo v Moses Abwogi Inyanya [2013] KEHC 6726 (KLR)
✦ The Appellant's right of appeal cannot be a right to perpetuate a tenancy when he has been in persistent breach of one of the cardinal obligations of a tenant – payment of rent as and when it becomes due. The application for stay of execution is refused; the notice to vacate is lifted.
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Albert Njeru Githae v Wilson Kimotho Maina Githae [2013] KEHC 6698 (KLR)
✦ The court grants the plaintiff's prayer for a temporary injunction to prevent the sale and development of the land pending the trial.
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Samson Gitau Muiruri v Muiruri Mbaci [2013] KEHC 6706 (KLR)
✦ The court finds that the Land Disputes Tribunal acted ultra vires in determining the dispute on land ownership and its decision is null and void. The Chief Magistrates Court Thika also acted in procedural ultra vires.
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Mohamed Salim Bashir V Shami Trading Co. Ltd [2013] KEHC 1970 (KLR)
✦ The application for a stay of the order is dismissed with costs to the respondent.
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Edwin Kabue Muigai v Wilson Kinyanjui & another [2013] KEHC 1092 (KLR)
✦ The suit land does not form part of the estate of the late Muigai Mburu Mbote, and the Plaintiff has a beneficiary interest in the suit land.
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E S A v D J D [2013] KEHC 1877 (KLR)
✦ The court dissolves the marriage and orders the Respondent to pay costs of the Petition.
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Rose Kibui Gatanyu v Kelly Karanja Muritu [2013] KEHC 6699 (KLR)
✦ The appeal is dismissed as the delay in filing the appeal is inordinate and the appellant is not entitled to exercise discretion.
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Michael Kingu Kigia v Agricultruaral Finance Corporation [2013] KEHC 953 (KLR)
✦ The application is dismissed with no order as to costs.
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Fredrick Mutonyi Gitonga v Isaiah Mutonyi Wambugu & another [2013] KEHC 1928 (KLR)
✦ Appeal dismissed with no orders as to costs
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In Re the Estate of Kamau Kagare – (Deceased) [2013] KEHC 6702 (KLR)
✦ The court adopts the contents of the consent letter dated 25th October 2012 as orders of this court.
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Joseph Mwangi Githua & 3 others v Mbo-I-Kamiti Farmers Co. Ltd [2013] KEHC 6720 (KLR)
✦ The application is dismissed with costs to the Plaintiffs. The consent judgment is not set aside.
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David Muasa Wambua v Republic [2013] KEHC 1695 (KLR)
✦ The conviction and sentence are quashed and set aside
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In Re BABY S J [minor] [2013] KEHC 6697 (KLR)
✦ The court allows the applicant's application to adopt Baby S J [minor]. The consent of the biological father is hereby dispensed with. The applicant, Z A A, is hereby allowed to adopt the child, Baby S J [minor].
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Ayub Muthuri Ikiara v County Council of Meru [2013] KEHC 845 (KLR)
✦ The Plaintiff/Applicant is allowed leave to further amend the suit and should file and serve the amended plaint within 45 days.