Kenyan case law

JOSEPH KANGUCHU MWANGI v OLD MUTUAL LIFE ASSURANCE COMPANY LTD. [2010] KEHC 1804 (KLR)

✦ The suit is reinstated and the injunction order is deemed to be in force until the hearing and determination of the suit.

KENYA GRANGE LIMITED V TURBO HIGHWAY ELDORET LTD. [2010] KEHC 1790 (KLR)

✦ The application is granted and the suit is dismissed for want of prosecution.

EZEKIEL MWENJA NGURE V TIMEX INSURANCE AGENCY [2010] KEHC 1636 (KLR)

OL KALOU FARMERS SACCO & ANOTHER V ALPHONSE K. KIMANI [2010] KEHC 2217 (KLR)

✦ The application succeeds and the exparte orders of 22nd October, 2007 are set aside.

MICHAEL WASWA CHENGWALI v MICHAEL WASWA CHENGWALI [2010] KEHC 2398 (KLR)

✦ The court finds that the land was bought jointly by the deceased and the Defendant, and the Defendant relinquished his right of ownership.

PARAMOUNT UNIVERSAL BANK v ALI AHMED ABOUND MAALIM & 3 others [2010] KEHC 1463 (KLR)

✦ The court directs the applicant to pay the 4th respondent Kshs.1,903,923/-, including the unlawful debited amount for advocate's fees.

JOSEPH MUKENI MWAFULULA V REPUBLIC [2010] KEHC 1955 (KLR)

✦ The conviction is quashed due to the lack of satisfactory identification and the passage of time making visual memory unreliable.

CHARLES MBINDO & Another v CITY COUNCIL OF NAIROBI & Another [2010] KEHC 17 (KLR)

✦ The application is dismissed as the plaintiffs have not established a prima facie case against any of the defendants.

JAMES KARIUKI MURETE V NICHOLAS NGUTHI KIVINDA [2010] KEHC 1984 (KLR)

✦ The Plaintiff's application for dismissal of the suit for want of prosecution is dismissed. The Plaintiff is ordered to ensure that his case is heard and hearing dates given.

REPUBLIC VS DOROTHY WAWIRA MURIUKI & 5 OTHERS [2010] KEHC 1893 (KLR)

✦ The matter is res judicata and the applicant's future applications will be dismissed.

REPUBLIC v NYANDARUA OL-KALOU DIVISION LAND DISPUTES TRIBUNAL & another Ex-parte NAHASHON MWANGI KARANJA [2010] KEHC 1881 (KLR)

✦ The decision of the Tribunal in Land Dispute No.39 of 2003 is quashed and the Registrar is directed to execute the documents, rectify the boundaries on the ground, and amend the Mutation and the Title Deed.

DWA ESTATE LIMITED V FREDRICK MUSYOKA MULEI [2010] KEHC 1659 (KLR)

✦ Appeal was filed within 30 days and therefore the appeal was filed in accordance with Section 79G of the Civil Procedure Act

CECILIA NJOKI NJENGA & 3 others v JAMES MBURU NDUA & another [2010] KEHC 2242 (KLR)

✦ A prima facie case of fraud has been made out, and the court orders an injunction to restrain the respondents from transferring the property.

PETER K. YEGO & 2 OTHERS V PAULINE NEKESA KODE [2010] KEHC 1567 (KLR)

✦ The application is allowed, and the plaintiffs are ordered to amend and serve the amended plaint within fifteen days. The defendants are granted corresponding leave to amend their defence within fifteen days of service.

ANGELINE M. NKOIMA V ALEX OLE KONYOKIE & 6 OTHERS [2010] KEHC 2169 (KLR)

✦ The court will allow the application and order that a further amended plaint be filed and served without the offending part within seven (7) days from the day hereof. The respondents may also amend their statement of defence. The applicant to pay to the respondents the costs of this application.

MARY GATHONI GATHOGO V CHRISTOPHER CAXSTON GATHOGO KARIUKI [2010] KEHC 2210 (KLR)

✦ The court directs the registry to issue a grant of letters of administration to both the applicant and the respondent after which either of them can apply for confirmation and file affidavits on the distribution of the estate.

Republic v City Council of Nairobi [2010] KEHC 1542 (KLR)

✦ The application is dismissed with costs, and the respondent is directed to file their reply in preparation for the hearing of the main notice of motion.

Peter Kihara Kuria V Hannah Nyambura Kuria [2010] KEHC 2126 (KLR)

✦ The court directed the CID to investigate the matter and take appropriate action against whoever swore and filed the affidavit of service.

SAFARI KARISA MBULA & 2 OTHERS V REPUBLIC [2010] KEHC 1927 (KLR)

✦ The conviction and sentence are quashed, and the appellants are set at liberty.

NOKIA CORPORATION V MUSIMBA INVESTMENTS LIMITED [2010] KEHC 1789 (KLR)

✦ Application dismissed with costs to the Plaintiff

DISMAS OMONDI AYOO v REPUBLIC [2010] KEHC 1716 (KLR)

✦ The appeal is successful, conviction is quashed and the sentence of death is set aside. The appellant should be released from prison.

In Re Estate of SIMIYU MURUNGA (DECEASED) [2010] KEHC 2351 (KLR)

✦ The court confirms the Defendant's proposed mode of distribution, awarding 11.1 acres to the widow and her son, 8 acres to the deceased's brother, and 3.2 acres to the Plaintiff's family.

APA INSURANCE CO. LTD v WYCLIFFE WABWILE MAKOKHA [2010] KEHC 2125 (KLR)

✦ The court dismisses the application to adduce additional evidence, finding that the Appellant has not satisfied the requirements for admission of additional evidence.

LEON INSURANCE BROKERS LTD v K REP BANK LTD & another [2010] KEHC 1800 (KLR)

✦ The preliminary objection is upheld, and the Plaintiff's application and suit are struck out with costs.

MUGO MUKERE V PROVINCIAL LAND APPEALS COMMITTEE BOARD FOR EASTERN & ANOTHER [2010] KEHC 2031 (KLR)

✦ The application is dismissed due to the lack of a verifying affidavit and the court's discretion to not strike out the motion.