Kenyan case law
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Rimberia Baichu v Buria Rimberia [2014] KEHC 2254 (KLR)
✦ The deceased estate shall be distributed as proposed by the petitioner: Joseph Mugambi - 2.04 acres, Francis Mururu - 2.52 acres, Buria M’Rimberia Baichu - 2.04 acres, Peter Ntutumi - 1.80 acres, and road of access - 0.30 acres.
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Charles Ochola v Mumias Sugar Company Ltd [2014] KEHC 2340 (KLR)
✦ The appeal succeeds. The award of the trial magistrate is hereby set aside. The appellant is awarded general damages of KShs.300,000/= and special damages of KShs.44,000/=. The award shall be subject to 30% contributory negligence and shall attract interest after 60 days from the date of this judgment.
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In re Estate of Gerishom Mugeheli Manani (Deceased) (Succession Cause 671 of 2010) [2014] KEHC 2274 (KLR) (16 October 2014) (Ruling)
✦ The estate will be distributed as follows: 1211, 1069, 999, 862, 841, and 1251 LP North Maragoli/Kisatiru properties will be transferred to Erica Azenga Mugeheri. LP North Maragoli/Kisatiru/824 will be held in trust for Hope Mbaiza and Lily Mirembe. 5 acres out of plot 361 SOY will be held in trust for Hope Mbaiza and Lily Mirembe. The petitioner will hold the entire estate in trust for the other beneficiaries, including Lily and Hope.
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CCB v MIB & another [2014] KEHC 1734 (KLR)
✦ The power of attorney was not irrevocable.
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Benson Njuguna Kamau v Republic [2014] KEHC 2091 (KLR)
✦ The application for bail is allowed on certain conditions.
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Republic v Chairman Western Provincial L.D.T. Ex-Parte Hassan Musambayi Mbaruku [2014] KEHC 2257 (KLR)
✦ The applicant is ordered to pay the decree holder a sum of KShs.19,000/= as the balance of the decretal amount. There shall be no orders as to costs.
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B.N v E.M [2014] KEHC 2284 (KLR)
✦ The application is disallowed as it lacks merit and is misplaced.
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Mohamed Kweya Ojuok & 6 others v Mumias Municpality Council & another [2014] KEHC 2260 (KLR)
✦ The court finds that the plaintiffs have been living on the land for a considerable time and grants their prayer to have the sub-divisions of plot 772 into 2363 and 2364 nullified. The land shall revert to plot number 772, which will be registered in the names of the plaintiffs and held in trust for them and their families.
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Epco Builders Limited v Alltex Epz Limited [2014] KEHC 8313 (KLR)
✦ The court finds that the sum of Kshs. 9,054,789.30 is owing from the defendant and the plaintiff has proved his case on a balance of probabilities.
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Joshua Mutitu Maina v Republic [2014] KEHC 8415 (KLR)
✦ The appeal is allowed and the appellant is set at liberty
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Dominic Njagi Karong'o v Mathi Kairaria M'ranyu [2014] KEHC 272 (KLR)
✦ The High Court has no jurisdiction to hear appeals which had not been concluded by the defunct Provincial Appeals Committees. Such cases should not be referred to this court.
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Lucy Maitha & 4 others v Gerrard Njue M’muga [2014] KEHC 2296 (KLR)
✦ The 2nd administratix and her sisters are entitled to share of the deceased estate
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Benjamin Machio Lutomia & another v Joseph Isimbishira Wandaka [2014] KEHC 2343 (KLR)
✦ The appeal has not abated as the 2nd appellant is alive and was substituted by the court.
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Co-operative Insurance Company of Kenya Limited v Paem Agencies Company Limited [2014] KEHC 8718 (KLR)
✦ The Plaintiff's application to amend its plaint was dismissed with costs to the Defendant.
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Arun C Sharma v Ashana Raikundalia t/a A Raikundalia & Co Advocates & 2 others [2014] KEHC 2430 (KLR)
✦ The court did not grant the review application as the Defendants did not present any sufficient reason for varying the orders.
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Charles Njoka v Wilfred Rugendo Nyamu [2014] KEHC 258 (KLR)
✦ The appeal is marked settled and determined with finality, and the consent order is upheld.
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Bernard Gitonga Kimbo v Republic [2014] KEHC 2252 (KLR)
✦ The conviction and sentence are quashed and the appellant is set at liberty.
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Republic v Alia Aden Hurre & 2 others [2014] KEHC 2299 (KLR)
✦ The court finds that the prosecution did not establish a prima facie case and acquits the accused on no case to answer.
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Erick Kyalo Mutua v Stephen King’oo Mbuti [2014] KEHC 1728 (KLR)
✦ The court directs the High Court registry to ensure that all documents due for filing comply with the procedure provided and that parties notify the adverse party before filing documents.
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Charles Lugondo Ngalwa v Mark Imbalu Musikhu [2014] KEHC 2857 (KLR)
✦ The application is dismissed with costs.
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Murithi M’mbui & another v Housing Finance Company (K) Ltd [2014] KEHC 8345 (KLR)
✦ The Plaintiffs' application for leave to amend their pleadings was dismissed with costs awarded to the Defendant.
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Apa Insurance Company Limited v Benadah Irusa & another [2014] KEHC 2321 (KLR)
✦ The appellant is liable to compensate the 1st respondent
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M'mujuri M'ithiuki v Provincial Land Disputes Tribunal Appeal Committee & 2 others [2014] KEHC 282 (KLR)
✦ The application is allowed with costs to be in the cause
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In Re the Estate of Ibrahim Gikaria Ndongo alias Gikaria Ndungu (Deceased) [2014] KEHC 2470 (KLR)
✦ The court dismisses the application for review as the applicant has not demonstrated any sufficient reason to enable the court review the judgment of Justice Sergon. The court allows the application as prayed for in terms of prayer (a), (b) and (c).
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Samuel Githua Gitonga v Republic [2014] KEHC 2456 (KLR)
✦ The court allowed the application and admitted the appellant to bond pending appeal on the following terms.