Kenyan case law
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DEWDROP ENTERPRISES LIMITED v CITY COUNCIL OF NAIROBI [2008] KEHC 1707 (KLR)
✦ The application is dismissed as there are triable issues raised in the Defendant's defence and the Plaintiff's claim is not plain and obvious.
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JOSEPH KARANJA KANG’ARA v GLADYS WAMBUI NDEGWA & 2 others [2008] KEHC 2423 (KLR)
✦ An order for stay of execution pending appeal is granted on condition that the appellant deposits Kshs.350,000 into an interest earning account with a reputable financial institution in the joint names of the parties' advocates.
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REPUBLIC v PAUL NJEHIA KANUGU [2008] KEHC 1861 (KLR)
✦ The court rejects the preliminary objection and allows the trial to proceed.
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PANTHEON LIMITED v INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION (ICDC) [2008] KEHC 1945 (KLR)
✦ The court finds that the defendant is liable for the plaintiff's claim of Kshs.10,698,844/=. The court enters judgment in favor of the plaintiff for the sum of Kshs.10,698,844/= plus costs and interests.
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LOUIS ROGER OUANDJI v BANK OF INDIA & another [2008] KEHC 2374 (KLR)
✦ The preliminary objection is overruled and the chamber summons is ordered to be heard.
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BATA SHOE CO. (K) LIMITED v ANTONY KAKA NANDOYA [2008] KEHC 2425 (KLR)
✦ Appellant's application for stay of execution is granted with conditions.
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CHUI MANUFACTURERS LTD & another v JUDY WARIARA MUNGAI [2008] KEHC 2419 (KLR)
✦ Appellants' application for security is well-founded under Order XLI Rule 5 of the Civil Procedure Rules. Respondent's preliminary objection to the replying affidavits is upheld.
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Pyrethrum Board of Kenya & another v Kamau Njehia (Legal Representative to Mwangi Kamau) [2008] KEHC 2068 (KLR)
✦ The appeal is dismissed. The trial court's judgment is upheld. The appellants are found 100% liable for the accident. The trial court's finding on the limitation of time is upheld. The trial court's assessment of special damages is upheld.
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GEORGE KARANJA KARANGU v THE COMMISSIONER OF POLICE & another [2008] KEHC 2339 (KLR)
✦ Leave to file Judicial Review proceedings is granted, but the stay orders are conditional and will last for 90 days unless extended.
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PEREZ MALANDE OLINDO v JOHN KARUNGAI NYAMU & 3 others [2008] KEHC 1848 (KLR)
✦ The court declines to grant the injunction sought by the plaintiff.
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PAXTON MAIN MUGO & another v MAURICE CHIRISWA WANEKAYA [2008] KEHC 1942 (KLR)
✦ The court grants possession of the property to the plaintiffs and orders the defendant to be evicted from the premises
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NYANZA FISH PROCESSORS LIMITED v BARCLAYS BANK OF KENYA LTD [2008] KEHC 1833 (KLR)
✦ The court allows the application for consolidation of the two suits but does not address the prayer for judgment as it is premature and should be dealt with after the consolidation order is properly effected
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LUCY WANJIRU KUNG’U V JOHN NJUDUNA NDARUA [2008] KEHC 131 (KLR)
✦ The court dismisses the plaintiff's suit and grants the defendant's counterclaim. The title to the plot is canceled, and the defendant is awarded costs. The plaintiff is ordered to pay arrears of rent to the defendant.
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MARGARET NGIMA NDAGURI v NDAGURI KIHAGI [2008] KEHC 2550 (KLR)
✦ The court orders the subdivision of the property in equal shares between the plaintiff and defendant.
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In Re Macharia Kiriaku (Deceased) [2008] KEHC 1730 (KLR)
✦ The court grants the application to enlarge the time for filing the arbitration award and to read the award to the parties.
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JOSEPH MURAGE MUGO v REPUBLIC [2008] KEHC 948 (KLR)
✦ The appeal is dismissed as there is overwhelming evidence against the appellant and the Trial Magistrate was right in finding the case proved beyond reasonable doubt.
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JOHN NDERITU NGATIA v SOSPETER MWANGI WAMBUGU & another [2008] KEHC 2573 (KLR)
✦ The appeals committee's award is set aside. The appellant is awarded costs of the appeal.
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BOOTH EXTRUSIONS LIMITED v OKUMU DUNCAN OGAL [2008] KEHC 293 (KLR)
✦ The court grants leave to appeal and extends the time for filing the appeal to 30 days.
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NELSON ASEGA KISIA v REPUBLIC [2008] KEHC 2364 (KLR)
✦ The application for bail pending appeal is dismissed.
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ANGUS HERON LTD v ADRA KENYA LTD [2008] KEHC 2376 (KLR)
✦ Judgment entered on admission for the sum of Stg£34,844/77
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In Re Kariuki Ngunyi (Deceased) [2008] KEHC 1729 (KLR)
✦ The objection is dismissed, and Letters of Administration are granted to the petitioner
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REPUBLIC v ATTORNEY GENERAL & 4 others [2008] KEHC 1977 (KLR)
✦ The application is dismissed as there is no prima facie arguable case and it is vexatious.
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ROBERT NJUGUNA MUNGAI v REPUBLIC [2008] KEHC 2349 (KLR)
✦ The conviction and sentence are upheld
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MWANYA MIGADDE v REPUBLIC [2008] KEHC 1855 (KLR)
✦ The court allows the application to vary the bail conditions, allowing the applicant to appear before the Deputy Registrar of the court for mention every two months until the appeal is heard.
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ERICK MOKAYA MOCHOGE & 2 others v REPUBLIC [2008] KEHC 2362 (KLR)
✦ The court dismisses the applications and finds that the applicants' constitutional rights were not violated.