Kenyan case law
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Njoya Farmers Kenya Ltd v Njoya Farmers & Partners & another [2005] KEHC 1884 (KLR)
✦ The court set aside the interlocutory judgment in favor of the plaintiff due to improper service on the 13-year-old daughter.
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Chimera Ndegwa v Republic [2005] KEHC 2154 (KLR)
✦ The sentence is commuted to the period already served, two years and three months.
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JUSTICE MOIJO MATAIYA OLE KEIWUA v CHIEF JUSTICE OF KENYA & 6 others (? 1298 of 2004) [2005] KEHC 117 (KLR) (14 June 2005)
✦ The application for adjournment to enable the Applicant to respond to the Affidavits of Stephen Kanyinke Ole Ntutu and Sylvester Kitilai Ole Ntutu respectively is allowed.
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Mathew Njuguna Nganda v Catholic Diocese of Nakuru [2005] KEHC 1911 (KLR)
✦ The court orders the plaintiff to vacate the suit land and grants the defendant an eviction order if the plaintiff does not vacate within 10 days.
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Kimani Ngunjiri v David Manyara [2005] KEHC 735 (KLR)
✦ The suit is struck out as it was filed in contravention of Article 23 of the KANU constitution and the plaintiff lacks locus standi.
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Francis Kimani Kariuki v Hudson Wanambiri Kamulamba [2005] KEHC 1841 (KLR)
✦ The defendant is found liable for 100% of the damages. General damages are assessed at Kshs 1,000,000.00, and special damages at Kshs 600.00.
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Republic v John Nyamu & 2 others [2005] KEHC 3174 (KLR)
✦ There is no evidence against any of the three accused persons at the close of the prosecution case, and the court finds them not guilty.
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Keiwua v Chief Justice of Kenya & 6 others (Miscellaneous Civil Application 1298 of 2004) [2005] KEHC 16 (KLR) (14 June 2005) (Ruling)
✦ Pleadings in judicial review never formally close, but amendments or further affidavits require timely notice. Joinder of parties and amendment of the statement of facts were refused for lack of notice. A stay in subordinate courts only applied to proceedings giving rise to the reference. Adjournment was granted.
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Republic v Jotham Njoroge Kimani [2005] KEHC 389 (KLR)
✦ The sentence is revised to two years with effect from the date of the initial sentence.
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Megdev Construction Limited v Pioneer General Assurance Society Limited [2005] KEHC 1760 (KLR)
✦ The court dismisses the application with costs to the Respondent.
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Mwangi Kamwana v Bernard Gatu Kanja [2005] KEHC 2468 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Applicant.
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David Chege Nyoro v Helina Wangari Chege [2005] KEHC 2483 (KLR)
✦ The Court finds that the High Court does have the power to enlarge time to file appeal from the Award of the Land Disputes Tribunal in appropriate cases. However, the Applicant has not shown a good and sufficient cause for the delay in filing the appeal.
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ANTHONY G. MUNENE V BRITISH AMERICAN TOBACCO (K) LTD [2005] KEHC 641 (KLR)
✦ The suit is dismissed with costs for want of prosecution
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Kimani Ngunjiri v David Manyara [2005] KEHC 1578 (KLR)
✦ The plaintiff's suit is unsustainable as it was filed in contravention of Article 23 of the KANU constitution and the plaintiff lacks locus standi to bring the suit.
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Republic v Jotham Njoroge Kimani [2005] KEHC 2062 (KLR)
✦ The sentence is revised to two years with effect from the date of the initial sentence.
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Mathew Njuguna Nganda v Catholic Diocese of Nakuru [2005] KEHC 1770 (KLR)
✦ The court orders the plaintiff to vacate the suit land and grants the defendant an eviction order if the plaintiff does not vacate within 10 days.
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MUCHANGI NDUATI & CO. ADVOCATES v FRANCIS P. KIRANGA [2005] KEHC 138 (KLR)
✦ The court upheld the taxing officer's decision on most items, but allowed the advocate to recover kshs 630 for drawing the bill of costs.
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Kenya Police Staff Savings and Credit Co-operative Society Ltd v Petero Mugo Kimereh [2005] KEHC 2598 (KLR)
✦ The appeal is incompetently before the court and is hereby struck out with costs to the Respondent.
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Celinico Flowers Limited v Jane Wangare Mage [2005] KEHC 2439 (KLR)
✦ The appeal is allowed, and the judgment of the lower court is set aside. The Appellant is ordered to pay the costs of the appeal and in the lower court.
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PATRICK WAFULA KABURU v REPUBLIC [2005] KEHC 2327 (KLR)
✦ The prosecution proved malice and the existence of the property destroyed. The appellants' claim to the disputed land was not valid.
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Andrew Muriuki v Equity Building Society [2005] KEHC 1724 (KLR)
✦ The application to strike out the suit is denied, and the plaintiff is ordered to amend its plaint.
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Kassim Hamisi Mwachikunya v Attorney General & another [2005] KEHC 2239 (KLR)
✦ The application is dismissed with costs due to defects in the Notice of Motion and the intitulement of the application.
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Kenya Police Staff Savings and Credit Co-operative Society Ltd v Petero Mugo Kimereh [2005] KEHC 2592 (KLR)
✦ The appeal is incompetently before the Court and is hereby struck out with costs to the Respondent.
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Lonrho Motors E. A. Limited v Insurance Company of East Africa [2005] KEHC 2409 (KLR)
✦ The Court grants the application for security for costs and orders the Plaintiff to deposit K.Shs.1.5m as security for costs within two months from the date of the order. If the Plaintiff defaults, the suit will be dismissed with costs. Further proceedings in the suit will be stayed pending the provision of security.
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John Kagiri Karumba v United Insurance Company Ltd [2005] KEHC 2527 (KLR)
✦ The application is dismissed with costs, as the present application is res judicata and there is no sufficient reason to review the interlocutory judgment.