Kenyan case law
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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.
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ALFAYAZ SUNDERJI v RAHIM VIRANI [2007] KEHC 1951 (KLR)
✦ The application for dismissal of the suit for want of prosecution is disallowed.
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JOHN MAKWELU MUKAMI v REPUBLIC [2007] KEHC 2387 (KLR)
✦ The sentence of ten (10) years imprisonment is reduced to eight (8) years imprisonment
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ISAAC WANYONYI NYONGESA v REPUBLIC [2007] KEHC 2420 (KLR)
✦ The appeal is allowed entirely. There will be no retrial. The conviction in the trial court is hereby quashed and the sentence of 2 years imprisonment set aside.
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PAUL GICHERU P/A GICHERU & CO. ADVOCATES v HASSAN HUSSEIN AJEB [2007] KEHC 2301 (KLR)
✦ The application is dismissed with costs.
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Beatrice Nasimiyu Mumbwa & another v Trustees Catholic Diocese of Eldoret & another [2007] KEHC 2034 (KLR)
✦ The court granted leave to file the suit out of time
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Paul Gicheru p/a Gicheru & Co Advocates v Hassan Hussein Ajeb [2007] KEHC 444 (KLR)
✦ The application is dismissed with costs.
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Dominic Kamata Njogo & 3 others v S W & 2 others [2007] KEHC 2322 (KLR)
✦ The Court finds that the Plaintiffs, Dominic Kamata Njogo and John Githori, are the beneficial owners of the suit property by way of a resulting trust. The Third Defendant, Njeri, did not acquire good title to the property by way of purchase and acted in bad faith.
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ISAAC WANYONYI NYONGESA v REPUBLIC (Criminal Appeal 67 of 2004) [2007] KEHC 489 (KLR) (19 June 2007) (Judgment)
✦ The appeal is allowed, and the conviction and sentence are quashed. There will be no retrial.
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Philip Kakvoji v Tom Lidweye & another [2007] KEHC 371 (KLR)
✦ The appeal was admitted for hearing, and the appellant was ordered to prepare and file a record of appeal within 30 days, prosecute the appeal within 60 days, deposit Shs.30,000/= as security for costs within 30 days, and face dismissal without further application if they fail to comply with the orders.
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BEATRICE NASIMIYU MUBWA & ANOTHER v TRUSTEES, CATHOLIC DIOCESE OF ELDORET & ANOTHER [2007] KEHC 860 (KLR)
✦ The applicants are granted leave to file a suit out of time
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In Re NATIONWIDE ELECTRICAL INDUSTRIES LIMITED [2007] KEHC 1841 (KLR)
✦ Grant prayer Nos; 1 and 2 of the application herein
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Shah Ramji Punja v Peter Wanjala Kilwake [2007] KEHC 786 (KLR)
✦ The applicant is granted unconditional leave to file its appeal within the next fourteen (14) days from the date of the judgment
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HORST TAUBEL v MARY MUTHONI WACHIRA [2007] KEHC 2163 (KLR)
✦ The court dismissed the plaintiff's claim and ordered the suit to be dismissed with no order as to costs.
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Jayantilal Dharamshi Gosrani v J B Havelock L W Muriuki & S S Raval all t/a Havelock Muriuki & Raval Advocates (Successor to Mcvicker & Muriuki Advocates) [2007] KEHC 1920 (KLR)
✦ The court allows the application to strike out the defendant's name from the proceedings and finds that the defendant is not liable for the negligent act.
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ROSENANCY NJERI NDWIGA v REPUBLIC [2007] KEHC 1634 (KLR)
✦ The court finds no evidence to support the conviction and quashes the conviction and sentence.
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KIBIRU EMPORIUM LTD & 2 OTHERS v LADY KATHLEEN BLACKBURN [2007] KEHC 2069 (KLR)
✦ The motion is allowed, and the suit is transferred to Malindi High Court.
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LOISE NJAMBI NJERI & THREE OTHERS v SAMUEL MUIRO MAGU [2007] KEHC 2200 (KLR)
✦ The firm of H.P.G. Waweru & Co. Advocates must dissolve once the sole practitioner advocate is appointed to the bench.
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Kibiru Emporium Ltd & 2 others v Katheleen Blackburn [2007] KEHC 561 (KLR)
✦ The motion is allowed, and the case is transferred to Malindi High Court.
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JOE NJUGUNA WAKABA & another v KENYA AIRPORTS AUTHORITY [2007] KEHC 3599 (KLR)
✦ The plaintiffs provide security of costs to the suit, with the amount of costs to be KShs.14,000/= per plaintiff.
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MICHAEL KASEMBELI v REPUBLIC [2007] KEHC 2425 (KLR)
✦ The conviction is upheld, and the sentence is reduced from 3 years to 18 months.
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SALANI ENTERPRISES LTD v GEOFFREY JOSIAH K. RONO [2007] KEHC 2318 (KLR)
✦ The application for leave to amend the pleadings is granted.
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DAVID KINUTHIA KIMANI v SIGMA FEEDS LIMITED [2007] KEHC 3631 (KLR)
✦ The suit is dismissed with costs to the defendant, but the plaintiff is allowed to prosecute the case with a new advocate.
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CLEMENT KUGURU v KAMAU NJUGUNA & 2 others [2007] KEHC 3586 (KLR)
✦ The suit should not have been withdrawn against the 1st and 2nd defendants. Clement Kuguru is entitled to adverse possession.
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IRENE WAMBUI MUCHAI v SAMUEL MBURU MUNGEMWE [2007] KEHC 3544 (KLR)
✦ The preliminary objection is upheld, and the application for discharge injunction is dismissed.