Kenyan case law

KANGOGO CHEPEITANY v LABAN CHELELGO [2008] KEHC 1078 (KLR)

✦ The court orders the defendant to vacate the suit piece of land immediately, failing which he should be evicted.

RISPER SUSAN OWENGA v HOUSING FINANCE CO. OF KENYA [2008] KEHC 1714 (KLR)

✦ The plaintiff's application for a permanent injunction is dismissed with costs

Kamro Agrovet Ltd v Ceva Sante Animale & another [2008] KEHC 2333 (KLR)

✦ The court finds that the plaintiff's application to effect service of the summons outside Kenya is belated and should have been complied with after receiving ex-parte orders on the 14th May, 2008. The application by the plaintiff dated 19th June 2008, will reverse the progress so far made in the case.

NOAH ONYANGO AWAYO v SYLVANUS O. OTUMBA & another [2008] KEHC 1722 (KLR)

✦ The plaintiff's application is dismissed with costs.

KENYA NATIONAL FEDERATION OF CO-OPERATIVES LIMITED v ECONET WIRELESS KENYA LIMITED & 3 others [2008] KEHC 1914 (KLR)

✦ The court dismissed the applicant's application with costs, awarding them to the 1st and 2nd respondents.

DAVID MIYOMA LWIMBI v REPUBLIC [2008] KEHC 1984 (KLR)

KATHU KAMEME PETER v FREDRICK KIGO MBOGO [2008] KEHC 2279 (KLR)

✦ The suit is revived and Faith Wambui Ngari is substituted in place of the deceased defendant.

PAREMERES OLE KOILEL v MOSHORO GROUP RANCH & 12others [2008] KEHC 1891 (KLR)

✦ The court dismisses the plaintiff's application for an injunction and does not award costs.

BALOZI HOUSING CO-OPERATIVE SOCIETY v THE COMPANY FOR HABITAT AND HOUSING IN AFRICA (SHELTER AFRIQUE) [2008] KEHC 1832 (KLR)

✦ The court allows the plaintiff's application and directs the plaintiff to pay all outstanding installments within 30 days and continue with the installments as ordered by the previous ruling.

MARY WANGUI NDURA & another v DOMINICA WAMUYU KIHU [2008] KEHC 2316 (KLR)

✦ The dismissal of the applicant's application dated 14th November 2007 is set aside. The court also sets aside the consequential orders of that date. The respondent is granted costs of the Notice of Motion dated 10th March 2008.

CITY CHEMIST (NBI) LTD & another v ORIENTAL COMMERCIAL BANK LTD [2008] KEHC 2172 (KLR)

✦ The application for interlocutory injunction is unmeritorious and is hereby dismissed with costs.

MAESTRO ARCHITECTS LTD & 3others v SARABJIT SINGH SEHMI [2008] KEHC 3827 (KLR)

✦ The court denied the plaintiffs' application for a prohibitory injunction.

ABDALLA TAIRARA GODORO v CITY COUNCIL OF NAIROBI [2008] KEHC 207 (KLR)

✦ The plaintiff's suit is dismissed for want of prosecution with costs to the defendant.

CLEMENT CHIURI KARIUNGI v JOHN KABUKU GACHARI & another [2008] KEHC 1974 (KLR)

✦ The court grants leave to the plaintiff to file and serve an amended originating summons

Republic v James Nganga Kamau [2008] KEHC 133 (KLR)

✦ The accused is found not guilty and acquitted of the charge of murder.

BENSON MACHARIA GATEI v NYERI COUNTY COUNCIL [2008] KEHC 2281 (KLR)

✦ The court grants leave to the defendant to further amend its defence and counter claim.

MATHEWS SANKOK SHOMPA v KENYA COMMERCIAL BANK LTD & 3 others [2008] KEHC 2214 (KLR)

✦ The application is dismissed with costs to the defendants.

KAIMOSI TEA ESTATE v COUNTRY MOTORS LIMITED [2008] KEHC 1836 (KLR)

✦ The application to set aside the ex-parte judgement is misconceived and struck out with costs to the plaintiff.

CHARLES MBUVI v VINCENT NG’ANG’A [2008] KEHC 2075 (KLR)

✦ The Appeal is dismissed with costs to the Respondent.

KIILU NDUVA MAKITE & 44 OTHERS v LUKENYA RANCHING & FARMING CO-OPERATIVE SOCIEITY [2008] KEHC 1804 (KLR)

✦ The court enjoins the proposed new defendants to file their replying affidavit within 30 days and permits the plaintiffs to file a corresponding reply.

ELIZABETH W GACHIHI v NDIRITU GIKARIA [2008] KEHC 1973 (KLR)

✦ The plaintiff has no locus standi and fails to show a prima facie case with a probability of success.

DWA SISAL ESTATE v SADOK ODHIAMBO NYANGUN [2008] KEHC 2094 (KLR)

✦ General damages should be reduced to Kshs. 60,000 and the Respondent shall be paid Kshs. 51,000 as damages

In Re Estate of Isaka Muthembwa Kithome [2008] KEHC 2089 (KLR)

✦ Application is not struck out as the issue of revocation of grant is spent and the Application in as far as it relates to the pending issue of preservation of the state is a summons under Rule 59 above

CURACID KENYA LIMITED v EAST AFRICAN DEVELOPMENT BANK [2008] KEHC 1834 (KLR)

✦ The application for injunction is unmeritorious and is dismissed with costs to the defendant.

COOPER KENYA LIMITED v ANAGRO KENYA LIMITED & ANOTHER [2008] KEHC 1831 (KLR)

✦ The court reviews part of the judgment dismissing the plaintiff's case against the 2nd defendant with costs and substitutes an order for judgement against the defendants jointly and severally with costs