Kenyan case law
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MARTHA MWONJARU v M’RUNYARU M’KIRICHIA & ANOTHER [2007] KEHC 2627 (KLR)
✦ Grant unconditional stay of execution of LDT Case No.7 of 2005 pending appeal
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In Re the Estate of Twerandu Ncau (Deceased) [2007] KEHC 2014 (KLR)
✦ The application is dismissed with costs to the objector.
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REPUBLIC v PRISCILLA KANARIO & 4 OTHERS [2007] KEHC 2240 (KLR)
✦ The court found that the prosecution has not met the burden of proof to establish the guilt of the accused beyond reasonable doubt.
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JOHN KINGARU GICHIRI & ANOTHER v FURNCORN LIMITED [2007] KEHC 2252 (KLR)
✦ The Court dismisses the application to strike out the Plaintiffs' suit.
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COUNTY COUNCIL OF OLE KEJUADO v KILIMANJARO SAFARI CLUB [2007] KEHC 2256 (KLR)
✦ The court directed its clerk to review the files in HCCC No. 182 of 2005 and HCCC No. 51 of 2007 before making a final order in this case.
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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.
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AUGUSTINE AZUBUIKE NWANGWA v REPUBLIC [2007] KEHC 3549 (KLR)
✦ The application is struck out as it has no legal basis and the applicant has no option but to appeal the decision of the magistrate.
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In Re Central Bank of Kenya [2007] KEHC 48 (KLR)
✦ The application is granted, and the period of appointment of the statutory manager is extended for a further 12 months.
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DEEPAK CHAMANLAL KAMANI v PRINCIPAL IMMIGRATION OFFICER & 2 OTHERS [2007] KEHC 2661 (KLR)
✦ The cancellation of the Petitioners' passports violates their constitutional rights to personal liberty and freedom of movement.
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LUKA MUSYIMI MUSAU v UNITED INSURANCE CO. LIMITED [2007] KEHC 2629 (KLR)
✦ The Court concluded that the Defendant's defence was a sham and there was no triable issue, thus striking out the defence and entering judgment against the Defendant
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In Re THE ESTATE OF KIPKEINO A. CHEPLANGET (DECEASED) [2007] KEHC 2284 (KLR)
✦ The application is allowed, and the applicants are given 30 days to file their objections.
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NEW BALLISTO BAR v LAND SECURITIES LIMITED & 2 OTHERS [2007] KEHC 2297 (KLR)
✦ The court awards the Plaintiff Kshs.5,000,000/= for exemplary damages for trespass, forcible entry, eviction, and subversion of the course of justice against all defendants jointly and severally.
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MARGARET KALIESA INDUMWA & ANOTHER v PETER KOSKEI & ANOTHER [2007] KEHC 2386 (KLR)
✦ The appeal is dismissed with costs to the Respondent.
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PATRICK KIPLAGAT KIPTANUI v NATIONAL BANK OF KENYA [2007] KEHC 2296 (KLR)
✦ The Notice of Motion dated 30th May 2003 is hereby dismissed.
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Levi Ndombi Mukonyole v Clay Godwin Wambulwa [2007] KEHC 529 (KLR)
✦ The order for costs was an error and is varied to reflect the intention of the court and to do justice to the parties in accordance with the proviso to S.27 of the Civil Procedure Act. The Respondent shall bear the costs of the appeal.
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Pan Africa Co Ltd v Grace Washo [2007] KEHC 1776 (KLR)
✦ The Appellant's defence was struck out by the Chief Magistrate, and the Appellant was ordered to satisfy the decree for Kshs.228,173/=.
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[2007] KEHC 2573 (KLR)
✦ The order for costs was an error and is varied to reflect the intention of the court, with the Respondent bearing the costs of the appeal.
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CHRISTINE ASWAN LKUKOKO v REPUBLIC [2007] KEHC 2309 (KLR)
✦ The conviction is upheld, but the sentence of 2.5 years is set aside and the appellant is released immediately
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NELSON MUTURI KANGATTA & 3 OTHERS v GEDION KYALO & 2 OTHERS [2007] KEHC 2671 (KLR)
✦ The chamber summons is hereby dismissed with costs to the Defendants.
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Collins Maruti Kutosi v Republic [2007] KEHC 2422 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty unless otherwise lawfully held.
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JOSEPH PETER GICHOYA MBOGO v PATRICK DENNIS O’KEEFE & ANOTHER [2007] KEHC 1788 (KLR)
✦ The Plaintiff's suit is dismissed with costs for want of prosecution
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MOHAMUUD ABDULAHI AHMED v MOHAMED AFZAL [2007] KEHC 3608 (KLR)
✦ The court held that the plaintiff has acquired adverse possession over the property and awarded costs to the plaintiff
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JOYCE WANJIRU ALIAS JENIFFER ADHIAMBO v REPUBLIC [2007] KEHC 3617 (KLR)
✦ The sentences are set aside and the appellant will serve five (5) years for trafficking in narcotics drugs and two (2) years for using a forged passport, to run concurrently.
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Mark Gerald Brierley & 2 others v Driftwood Beach Club Ltd [2007] KEHC 336 (KLR)
✦ The preliminary objection fails and the plaintiffs' suit is allowed.
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MARK GERALD BRIERLEY & 2 OTHERS v DRIFTWOOD BEACH CLUB LTD [2007] KEHC 1740 (KLR)
✦ The preliminary objection that the High Court has original jurisdiction to deal with landlord-tenant relationship is dismissed.