Kenyan case law

Ludavicus Ochula v Habari Esso Services Ltd [2007] KEHC 2139 (KLR)

✦ The court grants the plaintiff leave of 21 days to appeal against the judgment of 28/4/2007.

Kenya Anti-Corruption Commission v Lands Limited & 7 others [2007] KEHC 3695 (KLR)

✦ The court grants the application to extend time and orders the application to be heard along with similar applications.

Elishiba Wanjira Wangombe v Muthoni Mukomo & another [2007] KEHC 392 (KLR)

✦ The Appellant's appeal is dismissed with costs to the Respondents.

Ludavicus Ochula v Habari Esso Services Ltd (Miscellaneous Civil Application 185 of 2002) [2007] KEHC 667 (KLR) (29 June 2007) (Ruling)

✦ The court grants the plaintiff leave of 21 days to appeal against the court's judgment of 28/4/2007.

LENA WANJIKU v PETER MUIRURI KIMANI KIMANI [2007] KEHC 415 (KLR)

✦ Appeal allowed, order of Appeals Committee set aside, costs awarded to appellant

Mt Kenya Petroleum Distribution Ltd v Krishan Behal & Sons [2007] KEHC 399 (KLR)

✦ The court sets aside the learned magistrate's order and allows the Appellant's application for summary judgment.

C.K.L v S. E.L.H [2007] KEHC 53 (KLR)

Benard Mburu Muthoni v Republic [2007] KEHC 2307 (KLR)

✦ The appeal on sentence is hereby dismissed.

Douglas Gitahi Wangombe v Grace Muthoni Kibicho [2007] KEHC 2338 (KLR)

✦ The prohibitory order is discharged and the costs are awarded to the Defendant.

KIRINYAGA GENERAL MACHINERY v HEZEKIEL MURIITHI IRERI [2007] KEHC 2348 (KLR)

✦ The Chamber Summons is struck out with costs to the Respondent and the appeal is directed to be heard for 1/2 day at Nyeri

JEREMIAH NDIRANGU GITONGA v JAMES NDUMIA GITONGA & 2 OTHERS [2007] KEHC 2336 (KLR)

✦ The court declares there is no stay of execution of the decree of costs of 1st October 2004 due to the Plaintiff's failure to fulfill the condition of stay.

M K K v B W K [2007] KEHC 410 (KLR)

✦ The appeal is allowed, and the marriage between the Appellant and the Respondent is dissolved.

John G Kigunda v John Njoroge Kige & another [2007] KEHC 1835 (KLR)

✦ The application for reinstatement of the interim injunctions is dismissed with costs

Kipkorir v Langat & another (No 2) [2007] KEHC 3703 (KLR)

✦ The application for review was dismissed as the remedy for the petitioner lay in the appeal. The court found that the application was defective for failure to include the order or decree sought to be reviewed, and that the court had no jurisdiction to review its own decision.

CHEGE WAINAINA T/A CHEGE WAINAINA & COMPANY ADVOCATES v JORAM THUO WAIREGI [2007] KEHC 394 (KLR)

✦ The objection under Order XXIII Rule 4 (1) of the Civil Procedure Rules fails, and the application for substitution is allowed.

Jesse Kamau Tanu v J A Guserwa [2007] KEHC 2602 (KLR)

✦ The application for security for costs is allowed, and the plaintiff is ordered to deposit Kshs 50,000.00 as security for costs into court within 90 days from the date of the ruling.

Midland Finance & Securities Limited & another v Attorney General & another [2007] KEHC 1965 (KLR)

✦ The objection is overruled, and the Petition is allowed.

S K v J W K [2007] KEHC 2405 (KLR)

✦ The marriage between the petitioner and respondent is dissolved.

SAFARICOM LIMITED v ITNETS EAST AFRICAN LIMITED [2007] KEHC 2450 (KLR)

✦ The application for determination of the defendant's defence and for summary judgment is granted.

Erastus Gitonga v Kenya Nut Co Ltd (Civil Appeal 171 of 2001) [2007] KEHC 2611 (KLR) (28 June 2007) (Judgment)

✦ The Defendant was not negligent, and the Plaintiff's case is dismissed with costs.

REPUBLIC v REGISTRATION OF SOCIETIES & 5 OTHERS EX-PERTE UHURU KENYATTA & 6 OTHERS [2007] KEHC 3696 (KLR)

✦ The court quashes the decision of the Registrar of Societies to register new officials of KANU and the decision of the Electoral Commission of Kenya to recognize Biwott as Chairman and Leader of KANU.

AUTOLITHO LIMITED v JOHN MARICH NDEGWA [2007] KEHC 3542 (KLR)

✦ The appeal is allowed with costs to the appellant and against the respondent. The appellant is ordered to pay the respondent his dues as per Clause 12(b) of the Collective Bargaining Agreement, and the lower court's judgment on gratuity is upheld.

James Binsai Chepsongol v Joshua Cherop Songol & another [2007] KEHC 1928 (KLR)

✦ The court held that the transfer of the suit land was irregular, unlawful, fraudulent, and null and void.

John Otieno Opiyo v Kipturgo Andany [2007] KEHC 1929 (KLR)

✦ The court orders the plaintiff to vacate the suit premises within six months and pays the monthly rent of Ksh.6000.

Joho v Nyange & another (4) [2007] KEHC 3698 (KLR)

✦ The election was conducted substantially in accordance with the law and the few irregularities did not affect its result, thus the petition is dismissed.