Kenyan case law
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ERNEST KEMBOI v REUBEN KIPROTICH CHEBUTICH [2007] KEHC 2314 (KLR)
✦ The application is allowed and the suit is dismissed with costs.
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MORRIS LUGALIA LUKE & 5 OTHERS v PAUL CHERUIYOT & 3 OTHERS [2007] KEHC 2323 (KLR)
✦ The court dismissed the application and struck out the entire suit.
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R W M v A M K [2007] KEHC 2143 (KLR)
✦ The marriage is declared null and void ab initio, and the petitioner is awarded costs.
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PETER W. MIGWI KANGETHE v JON KARANJA MWANGI & Another [2007] KEHC 409 (KLR)
✦ The appeal is revived and the respondent Joyce Mwihaki Karanja is substituted in place of the deceased respondent John Karanja Mwangi.
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NELSON NDERITU GITHUA v JANE WANGUI GICHERU & ANOTHER [2007] KEHC 391 (KLR)
✦ The application is dismissed with costs to the respondent due to the applicant's failure to provide a sound reason for the delay in filing the appeal.
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NAPHUTALY KIBUTU KANYORO & 302 others v TELKOM KENYA LIMITED [2007] KEHC 2834 (KLR)
✦ Verifying Affidavits are struck out as they were sworn before the Plaint came into existence, but the error does not go to the jurisdiction of the Court. Supporting affidavits are struck out due to the omission to declare the statements are true and made on oath.
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CATHERINE WANJIKU KIURA v RAEL CIUMWARI (Miscellaneous Succession Cause 181 of 2005) [2007] KEHC 142 (KLR) (5 July 2007) (Ruling)
✦ The estate is to be divided into two parts. The elder wife (Protester) shall take 5 parts while Cathrine with her 2 children shall take 3 parts of the assets. Each wife will take life interest in the whole residue of the intestate estate in her house.
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LOISE WAMUYU GACHOKI v PATRICK MWAI NYAMU [2007] KEHC 1005 (KLR)
✦ Application dismissed with costs to the Respondent
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LOISE WAMUYU GACHOKI v PATRICK MWAI NYAMU [2007] KEHC 134 (KLR)
✦ Application dismissed with costs to the Respondent
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RYCE MOTORS LIMITED v JONATHAN KIPRONO RUTO & ANOTHER [2007] KEHC 1954 (KLR)
✦ The court orders the release of the KShs.7.5 million deposit and interest to the applicant's advocates.
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MZEE ABDALLA v OSMAN FAQI SHEIKHABU [2007] KEHC 2156 (KLR)
✦ The plaintiff's application that his work be assessed and quantified before the defendant engages another contractor is merited.
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CATHERINE WANJIKU KIURA v RAEL CIUMWARI [2007] KEHC 989 (KLR)
✦ The estate is to be divided into two parts. The elder wife (Protester) shall take 5 parts while Cathrine with her 2 children shall take 3 parts of the assets. Each house's wife will take life interest in the whole residue of the intestate estate in her house.
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MANJIT SINGH AMRIT v PAPINDER KAUR ATWAL [2007] KEHC 2729 (KLR)
✦ The court discharged the ex-parte orders and made new interim orders.
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MARTIN ODHIAMBO NGESO v REPUBLIC [2007] KEHC 3383 (KLR)
✦ We find that the evidence on record is not sufficient to sustain the conviction of the appellant on count 1. We quash the conviction on that count. We allow the appeal, quash the conviction and set aside the sentences imposed by the learned trial magistrate. We order that the appellant be set at liberty, unless otherwise lawfully held.
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AZIM VIRJEE & 2 OTHERS v GLORY PROPERTIES LIMITED [2007] KEHC 512 (KLR)
✦ The Originating Summons is struck out, and the Plaintiff is ordered to pay the costs of the application and the suit.
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AZIM VIRJEE & TWO OTHERS v GLORY PROPERTIES LIMITED [2007] KEHC 2658 (KLR)
✦ The Originating Summons is struck out, and the Plaintiff is ordered to pay the costs of the application and the suit.
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AWO SHARIFF MOHAMMED T/A MOHAMMED INVESTMENT v ABDULKADIR SHARIFF ABDIRAHIM & 5 OTHERS [2007] KEHC 2632 (KLR)
✦ The garnishee proceedings against the 1st, 3rd, 4th, and 5th garnishees are dismissed with costs. The proceedings against the 2nd garnishee are allowed to the limited extent that the sum of KShs.35,803.90 held by the 2nd garnishee to the credit of the judgment debtor should be paid to the decree holder.
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REPUBLIC v CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL [2007] KEHC 131 (KLR)
✦ The Tribunal's decision is ultra vires and the application is allowed
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REPUBLIC v CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL [2007] KEHC 1003 (KLR)
✦ The Tribunal's decision is found to be ultra vires and is quashed.
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DIRECTOR, WONDERLOAF BAKERY LTD v REPUBLIC [2007] KEHC 3388 (KLR)
✦ The conviction and sentence are quashed, and the fine is refunded.
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CAROLINE KAGENDO NJERU v REPUBLIC [2007] KEHC 1632 (KLR)
✦ The conviction of the appellant on both counts was not supported by safe evidence, and the appeal is allowed.
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LOCHAB BROTHERS LTD v LILIAN MUNABI NGANGA & 2 OTHERS [2007] KEHC 2263 (KLR)
✦ The application is dismissed with costs, and the applicant is ordered to deposit the decretal sum on an account within 30 days
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LUCY WAMBUI MAINA v DICKSON MUHIA MUTTY & 2 OTHERS [2007] KEHC 3423 (KLR)
✦ The court held that the plaintiff and the deceased were not legally married, and thus the plaintiff does not have the right to participate in the burial arrangements.
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NKANATA NTANDU & ANOTHER v ISINDORO KIRARA M’ARAMI [2007] KEHC 2610 (KLR)
✦ The Applicants have not shown substantial loss and the receipt for the filing of the memorandum of Appeal is authentic.
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MOSES MURIUKI v FREDRICK MWORIA [2007] KEHC 2613 (KLR)
✦ The Appellant's reputation was injured by the defamatory statements in the letter, and the Appellant is awarded Ksh.300,000/- in damages.