Kenyan case law
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JANE MUTHONI NYAGA V NICHOLAS WANJOHI THUO & ANOTHER [2010] KEHC 1991 (KLR)
✦ The court finds both defendants liable and apportions the liability at 50-50. The plaintiff is awarded Ksh. 300,000 in general damages and Ksh. 8,200 in special damages, totaling Ksh. 308,200.
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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.
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NAMU MUNANO V MBAKA NAMU [2010] KEHC 2026 (KLR)
✦ The estate will be distributed in accordance with the Succession Act, with the petitioner, Mbaka Namu, receiving a life interest in one acre of land and the remainder reverting to the protestor, Perminus Njiru Namu.
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CWY v EDY [2010] KEHC 1740 (KLR)
✦ The court finds that the Respondent left the matrimonial home on 3rd December, 2004 and has been absent for 5 1/2 years. The court orders the dissolution of the marriage and the Respondent shall bear the costs.
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MWANGI KAGUTHA V JANE WAIRIMU KUNGU [2010] KEHC 2236 (KLR)
✦ The court ordered a stay of execution pending the determination of the appeal, subject to the applicant depositing the decretal sum in an interest-earning account in the joint names of his counsel and the respondent's counsel within 21 days.
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A.M.I V A.G [2010] KEHC 1702 (KLR)
✦ The Petition is struck out with costs.
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DAVID MUGAMBI SIMON V ATTORNEY GENERAL & ANOTHER [2010] KEHC 1081 (KLR)
✦ The court finds that the treatment of the applicant was inhuman and degrading, and grants a declaration.
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INZANO NGONYA MZOMBA & 3 others v REPUBLIC [2010] KEHC 1926 (KLR)
✦ The appeals are rejected, and the convictions and sentences are upheld.
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DANIEL KIAMA MUSA & ANOTHER V REPUBLIC [2010] KEHC 2377 (KLR)
✦ The applications for bail pending appeal are dismissed.
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DAVID WACHIRA MAINA v FLORENCE TATU AMIMU & ANOTHER [2010] KEHC 2133 (KLR)
✦ Order of stay of execution is issued in respect of CMCC Meru No. 46 of 2009 pending the hearing and final determination of this appeal
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QUANTUM PETROLEUM LTD V SOVEREIGN OIL LTD [2010] KEHC 1734 (KLR)
✦ Quantum Petroleum Ltd. is entitled to summary judgment for the sum of Kshs. 3,840,000 plus interest at 17% p.a. from 1st October 2009 until payment in full.
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M’IMATHIU RUGIRI v M’MUTUNGI M’MUCHEKE [2010] KEHC 2675 (KLR)
✦ The court grants the plaintiff leave to amend his originating summons.
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LYDIA KINYA KARONGA & ANOTHER V M’MURONG’A M’MUKIRA [2010] KEHC 2604 (KLR)
✦ Injunction issued to restrain petitioner from disposing of parcel number 1878 until further orders
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ANTONY MUSITA & ANOTHER v PURITY GATAKAA ERASTUS & JAMES NYAGA & THREE OTHERS [2010] KEHC 2699 (KLR)
✦ The appeal is dismissed with costs awarded to the respondents.
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JOHN MUNGAI KARUA V MUGUGA FARMERS CO-OPERATIVE & 4 OTHERS [2010] KEHC 2329 (KLR)
✦ The court denied the revival of the plaintiff's claim.
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CHANDRAKANT GOR T/A PREMIER COLLEGE V PREMIER COLLEGE OF PROFESSIONAL STUDIES LTD [2010] KEHC 1796 (KLR)
✦ The court held that the Defendant cannot use the business name 'Premier College' and must furnish a statement of names and addresses of all partners or proprietors.
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REPUBLIC v THE CHAIRMAN MERU & 2 OTHERS [2010] KEHC 2695 (KLR)
✦ The ex parte applicant's application is granted, and the elders' award is quashed and prohibited from being implemented.
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In Re Estate of M'imwithia Kathuma Mbare (Deceased) [2010] KEHC 2617 (KLR)
✦ The court sets aside the dismissal of the applicant's application and reinstates the application for hearing.
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LILLIAN GAKETHI MWORIA V STANLEY MWITHIMBU M’ITHIRI [2010] KEHC 2676 (KLR)
✦ The plaintiff is awarded Kshs. 2 million in general damages, Kshs. 800,000 in various claims, Kshs. 252,000 in loss of future earnings, Kshs. 170,800 in loss of future earnings, Kshs. 138,739 in special damages, and costs of the suit.
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REPUBLIC V TIGANIA EAST DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER & 2 OTHERS EX-PARTE FLORENCE NKIO PHILIP [2010] KEHC 2691 (KLR)
✦ The court quashes the proceedings and judgment dated 29th April 2009 made by the first respondent in objection number 17 of 2008, and orders the objection to be heard afresh with the aid of a committee.
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ALFRED MOKYAYA ONCHUKI V UNILEVER EAST AFRICA LIMITED & ANOTHER [2010] KEHC 1126 (KLR)
✦ Petition dismissed as no specific allegations under sections 70-83 were made
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REUBEN KILEMI MARAMBII v MARGARET NJERI MBUGUA & FOUR OTHERS [2010] KEHC 2462 (KLR)
✦ The plaintiff's amended plaint is deemed to be filed with the leave of the court, and the defendants' Notice of Motion is dismissed.
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MERU COUNTY HOTEL TRAVELLERS LTD v COUNTY COUNCIL OF MERU CENTRAL [2010]] eKLR [2010] KEHC 2656 (KLR)
✦ The court held that the plaintiff is a lawful tenant in Meru County Hotel until the tenancy is terminated.
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JOHN WAINAINA KAGWE v HUSSEIN DAIRY LIMITED [2010] KEHC 1764 (KLR)
✦ The plaintiff is found 100% liable for the accident, and the defendant is not liable.
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KENSILVER EXPRESS LTD V JOHN MWITI KABIRA [2010] KEHC 2430 (KLR)
✦ Appellant's applications for stay and to lift attachment of motor vehicle are dismissed with costs.