Kenyan case law
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NAFTALY GIKUNDI ANAMPIU V JOYCE NGUTA M’ANAMPIU [2010] KEHC 2680 (KLR)
✦ The grant is confirmed with specific distribution of the estate's land
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MWASHANGA MWADINGO v REPUBLIC [2010] KEHC 1722 (KLR)
✦ The appellant is acquitted of the charges.
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NTARANGWUI M’IKIARA v COMMISSIONER OF LANDS & 2 others [2010] KEHC 2576 (KLR)
✦ The application is dismissed as the plaintiff failed to explain the delay and did not extract the order of 25th July 1996 to enable the court determine his grievances.
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REPUBLIC v SIMON KAMAU KIMANI [2010] KEHC 2471 (KLR)
✦ The court finds that the prosecution has not made out a prima facie case to enable the court to place the accused on his defence. The court hereby acquits the accused of the offence of murder.
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SARJU SHAH v TRACK IT LIMITED (IN RECEIVERSHIP) [2010] KEHC 1805 (KLR)
✦ The plaintiff’s application for summary judgment is dismissed with costs.
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JOSPHAT KARANI v AGNES THIRINDI [2010] KEHC 2653 (KLR)
✦ The plaintiff is the registered owner of the suit property and is entitled to vacant possession and an injunction against Thirindi.
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REPUBLIC v JOSEPH MUNOKO NANDA [2010] KEHC 2180 (KLR)
✦ The trial and proceedings shall begin de novo and the accused shall be retried.
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PHILIP KIPLANGAT BETT v REPUBLIC [2010] KEHC 1172 (KLR)
✦ The appeal is dismissed and the trial court's sentence of five years imprisonment is confirmed.
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REPUBLIC v DANIEL MWAURA NDUNGU [2010] KEHC 1125 (KLR)
✦ The accused is sentenced to five years in prison for manslaughter.
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SAID YUSUF MAKANZU v REPUBLIC [2010] KEHC 1666 (KLR)
✦ Ordering a retrial of the case
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In Re Estate of M'imathiu M'amgare (Deceased) [2010] KEHC 2652 (KLR)
✦ The court confirmed the grant of proving to the oral will and ordered the distribution of the deceased's estate.
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CHARLES MUTURI CHAURA v REPUBLIC [2010] KEHC 2483 (KLR)
✦ The reference is dismissed. The case pending before the subordinate court is ordered to proceed for hearing as scheduled without further delay.
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STANLEY M’MUGWIKA M’BAICHU v JOHN GITONGA M’KIRERA (Succession Cause 298 of 1996) [2010] KEHC 2654 (KLR) (28 May 2010) (Judgment)
✦ The deceased left a valid will, and it was confirmed that the deceased left parcel number Kibirichia/Ntumburi/270 to Gitonga.
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CHARLES NYAGA & another v CHARLES NJAGI M’KANGA & another [2010] KEHC 2613 (KLR)
✦ The prayer for injunction is not merited, but the prayer for inhibition is necessary to ensure the property is not transferred before the case is heard.
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CHRISTOPHER WAKULUCHA ATAVACH V MARY MUTHONI [2010] KEHC 2212 (KLR)
✦ The applicant has shown good and sufficient cause for not filing the appeal in time, and an order of stay of execution is granted pending the appeal.
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RUTH WANJIRU KIBICHA v KIOGORA MUTAI T/A KIOGORA MUTAI & CO. ADVOCATES [2010] KEHC 1820 (KLR)
✦ The plaintiff is entitled to the refund of the deposit of Ksh.560,000, less the sum of Ksh.56,000 paid to Mssrs. Villa Care Ltd. The Law Society of Kenya conditions of sale are not applicable to the agreement. The defendant is not entitled to damages.
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ISAAC MUNENE NJUGUNA & 2 others v REPUBLIC [2010] KEHC 2690 (KLR)
✦ The applicants' constitutional rights were breached due to the inordinate delay, and they are acquitted.
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INTERCITY UTILITY SERVICES LIMITED v NAIROBI CITY COUNCIL [2010] KEHC 1897 (KLR)
✦ The Plaintiff's Notice of Motion is dismissed with costs to the Defendant.
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In Re Estate of M'mugwika M'turuchiu s/o Tuaruchiu (Deceased) [2010] KEHC 2556 (KLR)
✦ The court grants the application to remove the cautions and inhibitions on the land.
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UAP PROVINCIAL INSURANCE CO. v SHIYANI RUDA KANJI [2010] KEHC 2460 (KLR)
✦ The application for stay is dismissed with costs awarded to the respondent
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IN Re THE MATTER OF THE ESTATE OF FRANCIS MAGONDU GITHINJI MWAI – DECEASED [2010] KEHC 2435 (KLR)
✦ Letters of Administration to Loise Wangari Magondu and John Gikandi Magondu are revoked, and a grant of Letters of Administration is issued to Loise Wangari Magondu solely. The land registration is rectified, and the 1st Respondent is ordered to refund funds from the estate account.
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IN THE MATTER OF THE ESTATE OF NJUE EREMANO ALIAS NJUE EREMANO M’IRURA DANIEL (DECEASED) [2010] KEHC 2431 (KLR)
✦ The petitioners' application for review is dismissed, and the file is closed.
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In Re Estate of Kangangi Kairaria (Deceased) [2010] KEHC 1907 (KLR)
✦ The proceedings are set aside, and the applicant is given leave to file a further affidavit with the names of the registered owners of the subdivided parcels.
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MASAI MARA NORTH CONSERVATION LTD. v STEFANO CHELI & 3 others [2010] KEHC 1807 (KLR)
✦ The Court declines to grant the orders sought and directs that the parties prepare the suit for trial.
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KHEIRA OMAR MAALIM v NEW LOOK ESTATES LIMITED & another [2010] KEHC 1816 (KLR)
✦ The plaintiff's suit is struck out with costs