Kenyan case law
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RAPHAEL KAWAI & OTHERS v JAYS SYNDICAT E & OTHERS [2007] KEHC 1202 (KLR)
✦ The 6th defendant's defense is struck out due to non-compliance with court orders, and an interlocutory judgment is entered against the 6th defendant.
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MORRIS DZORO v DIANA NYANCHAMA MOKUA (NO.2) [2007] KEHC 2158 (KLR)
✦ The Appellant's application to set aside the ex parte judgment is allowed, and the ex parte judgment is set aside. The Appellant is ordered to pay maintenance and school fees for the child.
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D O O v G A O [2007] KEHC 1560 (KLR)
✦ The marriage is dissolved, and a decree nisi will issue for six months. The petitioner must apply for a decree absolute after six months.
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REPUBLIC v ZABLON MAYENDE & ANOTHER [2007] KEHC 2427 (KLR)
✦ The court acquits the accused of murder and orders him to be set at liberty.
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Margaret Mwontune Muturi v Consolata Hospital Nkubu & another [2007] KEHC 2459 (KLR)
✦ The application to dismiss the suit for want of prosecution is granted.
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Charles Mutisya Nyamai v Housing Finance Company of Kenya Ltd [2007] KEHC 2480 (KLR)
✦ The court denied the plaintiff's application for an injunction.
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In Re DIANA WALKER KIVUVANI EX- PERTE AGRI HARDWARES (EA) LIMITED [2007] KEHC 2631 (KLR)
✦ The Official Receiver is not required to release the funds held for the creditor as per the Bankruptcy Act and Bankruptcy Rules.
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In Re Estate of John Chiira Kihithu (Deceased) [2007] KEHC 991 (KLR)
✦ Petitioner and objector are co-administrators of the deceased's estate
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LYDIA MUKUHI RURI v MUNYIRI RURI [2007] KEHC 990 (KLR)
✦ The protest is an abuse of the court process and should be struck out
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DANIEL KAMITA GICHUHI & another v CONSOLIDATED BANK OF KENYA LIMITED [2007] KEHC 2502 (KLR)
✦ The court finds the present suit res judicata and an abuse of the judicial process, dismissing the plaintiffs' application.
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Nemchanda Laghhir Shah & 2 others v Appollos Hiram Muna & another [2007] KEHC 2205 (KLR)
✦ The Commissioner of Lands should be sued but must be represented by the Attorney General. The Registrar of Titles and Registrar of Lands should be sued in the name of the Attorney General.
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Karirana Estate Ltd v Kefa Oseko Orenge [2007] KEHC 2633 (KLR)
✦ The appeal is allowed and further proceedings in the lower court case are stayed pending the hearing and determination of the appeal
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OBED NTHIWA v COMMISSIONER CO-OPERATIVE DEVELOPMENT & ANOTHER [2007] KEHC 2280 (KLR)
✦ The decision to suspend the Applicant was ultra vires and breached the rules of natural justice, hence quashed
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Kenya Anti-Corruption Commission v Betty Alison Chebet Kipsaita & another [2007] KEHC 713 (KLR)
✦ The court held that the respondent acquired the property through corrupt conduct and granted an ex parte order prohibiting the transfer or disposal of the property.
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KENYA ANTI-CORRUPTION COMMISSION v BETTY ALISON CHEBET KIPSAITA & ANOTHER [2007] KEHC 2300 (KLR)
✦ The court grants the applicant's prayer for an order of prohibition.
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NAFTALY MUKUNDI WAWERU v REPUBLIC [2007] KEHC 2398 (KLR)
✦ The sentences are neither harsh nor excessive, and the court's discretion was properly exercised.
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Coast Water Services Board v Commissioner of Lands & another [2007] KEHC 2281 (KLR)
✦ The Chamber Summons is hereby dismissed as an arguable case has not been demonstrated by the applicant.
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JOSEPH GITUTUMA NJOROGE v REPUBLIC [2007] KEHC 2394 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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ISHMAEL GIKUNDA v STEPHEN RIUNGU MUTUERANDU [2007] KEHC 1823 (KLR)
✦ The petitioner was qualified to apply for grant of representation, and the grant was obtained in accordance with the beneficiaries' consent.
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M’Mukira M’Matiri v M’Itonga M’Mukira [2007] KEHC 1858 (KLR)
✦ The court found the application incompetent and directed a proper application to be filed for appointment of a legal representative of the original deceased, M’Muriira Kanyiru.
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STEPHEN MUNGAI NJOROGE v REPUBLIC [2007] KEHC 539 (KLR)
✦ Application dismissed as there is no jurisdiction to consolidate sentences and the issues should have been raised in the appeals
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LILIAN WANJIRU MWANGI v S. MUTHAURA KIOME & ANOTHER [2007] KEHC 674 (KLR)
✦ The application is allowed in prayers 2 and 3. The motor vehicle is released to the 2nd Objector unconditionally. Costs are awarded to the 2nd Objector against the Plaintiff/Decree-Holder. The issue of auctioneer's charges will be sorted out between the auctioneer and the Plaintiff/Decree-Holder.
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NAHASHON NABEA v MARGRET KANYIRI [2007] KEHC 2265 (KLR)
✦ The suit land is the bigger of the two parcels and belongs to the respondent.
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FELISTA WANJIRU NYINGI v SAMUEL CHEGE GACHIE (t/a BRACE ELECTRICALS & HARDWARE) [2007] KEHC 3589 (KLR)
✦ The application for a supplementary affidavit is allowed. The application for an interim stay of execution is dismissed due to abuse of process.
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LINDA WATIRI MURIUKI v NEVILLE PATRICK GIBSON WARREN & 3 OTHERS [2007] KEHC 619 (KLR)
✦ The court determined that the only factual basis for the determination of the issue is the partnership deed dated 31st October, 1990 and the two letters dated 26th March and 9th April, 1997. The court will not allow any further evidence to be adduced.