Kenyan case law
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DAVID GICHUHI MUKUNJURA v MWANIKI MBOGO [2006] KEHC 2240 (KLR)
✦ The Plaintiff's claim is dismissed as he has not proven a superior interest in the land.
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MERCY WANJIRU KAMUYU v KARIUKI NJINE [2006] KEHC 2344 (KLR)
✦ The trial magistrate erred in entertaining the suit as it was statute barred and lacked jurisdiction.
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P.O.A V N.M.M [2006] KEHC 2290 (KLR)
✦ The application is dismissed as the Respondent did not raise the objection timeously and the irregularity is not fundamental to the proceedings.
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KAMUNYORI & COMPANY ADVOCATES v CANNON ASSURANCE (K) LIMITED [2006] KEHC 2345 (KLR)
✦ Respondent's application fails due to failure to prove non-receipt of notice within time.
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M.D v E.S.P [2006] KEHC 2292 (KLR)
✦ The marriage is dissolved.
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DAVID MUTEGI NJURU v KASAMBA FARMERS COMPANY LTD & another [2006] KEHC 1838 (KLR)
✦ The plaintiff's suit is dismissed as he did not have capacity to file the suit in 1989 as the legal representative of his deceased father's estate. The plaintiff's claim for ownership of the land is dismissed.
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Mbura & 19 others (Suing for Themselves and on Behalf of other Former Employees of Castle Brewing Kenya Ltd) v Castle Brewing Kenya Ltd & another (Civil Case 1119 of 2003) [2006] KEHC 2316 (KLR) (Civ) (8 June 2006) (Judgment)
✦ The court dismissed the claims of the plaintiffs, finding that the plaintiffs did not exist as three of them were not employed by the defendant and that the plaintiffs' claims were not representative actions or public interest litigation.
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JOSPHAT GATURI MAINA & another v REPUBLIC [2006] KEHC 2137 (KLR)
✦ We allow the appeal, quash the conviction and set aside the sentence imposed. The Appellant shall be set free unless otherwise lawfully held.
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POLYTHENE INDUSTRIES LIMITED v KENYA POWER & LIGHTING COMPANY LIMITED [2006] KEHC 2154 (KLR)
✦ The court found that the Plaintiff's claims go beyond the disputes that the Electricity Regulatory Board can deal with under section 87(1) of the Electric Power Act, and thus the court has jurisdiction to hear and determine the matter.
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D.J.K v J.M.K [2006] KEHC 2289 (KLR)
✦ Divorce granted on grounds of desertion, Respondent to pay Shs.2,000,000 to Petitioner, and Petitioner to pay Shs.250,000 to Respondent.
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KENITAL (K) LTD v CHARLES MUTUA MULU & 4 others [2006] KEHC 2276 (KLR)
✦ The appeal is dismissed with costs to the respondent. There is no basis in law or fact to interfere with the decision of the trial magistrate court.
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EMBROSE ACADEMY LTD v CATHOLIC ARCH-DIOCESE OF NAIROBI & 57 others [2006] KEHC 3437 (KLR)
✦ The application for temporary and permanent injunctions is dismissed with costs to the Defendants.
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BARCLAYS BANK OF KENYA v CHRISTANT MUTISYA MAINGI & another [2006] KEHC 2387 (KLR)
✦ The court grants an interim injunction to restrain the defendants from drawing or dealing with the bank account No. 0013943001 at Trans-National Bank Limited, City Hall Way Branch, Nairobi, pending the hearing and determination of the suit.
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PASARA CAFÉ & BAR LIMITED v KENYA COMMERCIAL BANK STAFF [2006] KEHC 2241 (KLR)
✦ The Plaintiff's defence to the counterclaim does not raise any triable issues, and the Plaintiff's suit should be struck out before considering summary judgment on the counterclaim.
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JOSEPH KANAKE v CALTEX OIL KENYA LIMITED [2006] KEHC 2326 (KLR)
✦ The appeal is allowed; the Ruling of the Lower Court is set aside and the appellant is at liberty to defend the suit on the merits.
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ELIJAH IKOHA IKANZO v JOSEPH NGAIRA ASUTSA (Civil Case 8 of 2001) [2006] KEHC 1994 (KLR) (7 June 2006)
✦ The Applicant's occupation and possession of the suit land was adverse to the title of the Respondent. The Respondent's title to the suit land was extinguished by the Applicant's adverse possession. The Respondent holds the title to the suit land in trust for the Applicant. The Applicant is entitled to be registered as the proprietor of the suit land.
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MARY WANJIKU MBURU & another v DAVID KARANGARA [2006] KEHC 2220 (KLR)
✦ The Court finds the Defendant fully liable for the death of the deceased and awards general damages for loss of dependency and life expectancy, as well as damages for pain and suffering.
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PHILIP BIEGON & another v JOSEPH KIPNGENO CHEPKWONY [2006] KEHC 1900 (KLR)
✦ The court found the objector and his mother to be the sole beneficiaries of the estate, and the petitioners are declared to be opportunists.
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EASTERN PRODUCE (K) LIMITED v JOHN MUTUYA ANYONYI [2006] KEHC 2254 (KLR)
✦ The company is not liable for the injuries sustained by Anyonyi, and the claim is time-barred.
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JANE WAMBUI v STEPHEN MUTEMBEI & another [2006] KEHC 2098 (KLR)
✦ The document in question cannot be produced in evidence due to unauthenticated alterations and lack of original minutes.
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DAVID KIPLANGAT SANG v RICHARD KIPKOECH LANGAT & another [2006] KEHC 1951 (KLR)
✦ The defendants are found to be 100% liable for the plaintiff's injuries. The court awards the plaintiff Kshs.550,000 in general damages and Kshs.32,500 in special damages.
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Republic v Town Clerk, City Council of Nairobi ex parte Intech East African Ltd [2006] KEHC 2298 (KLR)
✦ The application is fatally defective and is struck out.
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KENYA INLAND MASS MARKETING AGENCIES v ANERICO ADONGO ONGWEN [2006] KEHC 1999 (KLR)
✦ The appeal is allowed, the judgment of the trial magistrate is set aside, and the plaintiff's suit in the lower court is dismissed with costs.
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DANIEL KIMANI NJIHIA v FRANCIS MWANGI KIMANI [2006] KEHC 2078 (KLR)
✦ The plaintiff's claim cannot succeed and the suit is dismissed with costs to the first defendant.
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MUTUNGA & MUINDI ADVOCATES v M/S BUSSCAR LIMITED [2006] KEHC 2382 (KLR)
✦ The court grants summary judgment in favor of the plaintiff for KShs.188,775/=, with interest at 9% per annum from 8th August, 2005, until settlement in full. The plaintiff is also awarded the costs of the application.