Kenyan case law
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MAISHA FLOUR MILLS LTD v CHARLES MURIUKI GITHINJI T/A STAREHE WHOLESALERS [2008] KEHC 2098 (KLR)
✦ The application was struck out as it was filed by a stranger to the proceedings and the Notice of Appointment of Advocates was not filed in accordance with Civil Procedure Rules.
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SIMON WAMBUGU NDERITU v REPUBLIC [2008] KEHC 1615 (KLR)
✦ The sentence imposed is set aside and commuted to the term already served.
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L.N.G v S.M.M [2008] KEHC 2019 (KLR)
✦ The court grants the petitioner a divorce on the ground of desertion
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BAWAN ROSES LIMITED v BARCLAYS BANK OF KENYA LTD [2008] KEHC 2303 (KLR)
✦ The court ordered that all further registration or change of registration in the ownership, leasing, subleasing, allotment, user, occupation or possession of the plaintiff's property, L.R. No. 295/17 and L.R. NO. 10874/7, be prohibited during the pendency of the suit.
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In Re Estate of Benson Muriu Kamonde (Deceased) [2008] KEHC 2104 (KLR)
✦ The appeal was properly struck out for want of prosecution and abuse of court process. The subsequent applications were dismissed.
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DAVID MURIITHI v JOHN GITHAE BENDAYE [2008] KEHC 2103 (KLR)
✦ The appeal is allowed with costs. The judgment and decree of the subordinate court is set aside. The suit is dismissed with costs to the appellant.
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KAMAU KURIA & KIRAITU ADVOCATES V WALTER KIRIMI M’MUGUNA & ANOTHER [2008] KEHC 35 (KLR)
✦ Application granted in part, applicant's objection is valid, but Registrar did not respond within 14 days as required by Advocates Remuneration Order. Directions given for Registrar to comply with Section 11(2) and for applicant to file affidavit and set hearing.
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CHARLES SZLAPAK v LAND DISPUTES TRIBUNAL MSAMBWENI DIVISION [2008] KEHC 1929 (KLR)
✦ The court finds that the LDT had no jurisdiction over the registered land and that the claim by the Interested Parties was extinguished due to the limitation period. The court grants the order of prohibition sought by the applicant.
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ROY MACHARA NDUATI & another v BARCLAYS BANK OF KENYA LTD [2008] KEHC 1047 (KLR)
✦ The plaintiffs' suit is not frivolous, vexatious, or an abuse of the court process. The defendant is obliged to supply bank statements to the plaintiffs.
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REPUBLIC v MERU CENTRAL DISTRICT LAND DISPUTES TRIBUNAL & another [2008] KEHC 1924 (KLR)
✦ The preliminary objection is dismissed, and the motion is directed to be heard and determined on its merits.
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JULIUS GITHIGE KIRAGU v GATHUKA MURATHI [2008] KEHC 2273 (KLR)
✦ The court ruled that each party should bear their own costs.
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JASON MUNGAI KAMAU v JANE WANJIRU KAMAU & 4 OTHERS [2008] KEHC 1827 (KLR)
✦ The application is dismissed with costs to the respondents
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ALLDEAN SATELLITE NETWORK (K) LTD v KENYA ANTI-CORRUPTION COMMISSION & another [2008] KEHC 1935 (KLR)
✦ The Notice of Motion is dismissed with the Applicant bearing the costs.
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JACKSON KIPROTICH KIPNGENO & another v DANIEL KIPLIMO KIMETTO [2008] KEHC 1695 (KLR)
✦ The award of damages for loss of user and general damages is quashed and set aside
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PURITY WANGUI WANGARI v REPUBLIC [2008] KEHC 1948 (KLR)
✦ The appeal on sentence has no merit and is dismissed.
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JOHN MWANGI NYAGA & another v REPUBLIC [2008] KEHC 2084 (KLR)
✦ The appeal is allowed, conviction quashed, and the sentence set aside. The appellants are set at liberty.
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AYUB JUMA MWAKESI v MWAKWERE CHIRAU ALI & 2 others [2008] KEHC 1385 (KLR)
✦ The motion to strike out the petition is dismissed with costs to the Petitioner.
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KENYA COMMERCIAL BANK v DAVID GACHUIGA & 2 others [2008] KEHC 2270 (KLR)
✦ The plaintiff's application is merited, and the 2nd defendant's application is dismissed for want of prosecution.
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JOEL OKWA NYAMBUORO v JOHNSON OBEWA & another [2008] KEHC 2062 (KLR)
✦ The appeal is dismissed with costs.
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ADIEL MURIITHI PHILIP v OCCIDENTAL INSURANCE COMPANY LTD [2008] KEHC 1717 (KLR)
✦ The application is dismissed as there are triable issues in the Defendant's defense.
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KAI GARI WASHE & 33 OTHERS v LEGAL REPRESENTATIVE OF THE ESTATE OF KATHLEEN SHELL MACDONALD [2008] KEHC 1937 (KLR)
✦ The court granted vesting orders for the specified plots of land and ordered the registrar of titles to register the applicants as proprietors.
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BRIDGE UP CONTAINER SERVICES LTD v JAMES MATHENGE MWAI & 3 others [2008] KEHC 2289 (KLR)
✦ The court granted the restraining order.
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MURIU MUNGAI & CO ADVOCATES v NEW KENYA CO-OPERATIVE CREAMERIES LTD [2008] KEHC 2091 (KLR)
✦ Application dismissed with costs to the Advocate/Respondent
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LAWRENCE MUNGAI T/A LAWRENCE MUNGAI & CO. AVOCATES v REGENCY SLOTS LIMITED [2008] KEHC 3824 (KLR)
✦ The taxing officer erred in principle by misapplying Schedule 11(2) and miscalculating the bill. The instruction fee is set at Kshs.60,941.64.
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MATIAN OLE KISARIGOL v FRANCIS PAPAI KETIANY & another [2008] KEHC 2009 (KLR)
✦ The statement of defence is struck out, and summary judgment is entered in favor of the plaintiff.