Kenyan case law
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IN THE MATTER OF THE ESTATE OF GEOFFREY NJORI S/O GACHOYA (DECEASED & ANOTHER V LYDIA WAMUCII NJOORI [2009] KEHC 2132 (KLR)
✦ The Tetu property should be shared equally between the co-wives, and the grant shall be confirmed along the lines proposed by the protestor.
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ANDREW MASINDE JOHN V REPUBLIC [2009] KEHC 2760 (KLR)
✦ The conviction is quashed and the sentence set aside. The case is suitable for a retrial before a different magistrate.
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MERCY WAMBUI THUO V K-REP BANK [2009] KEHC 2750 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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MURIUKI KIMONDO v NGIMA SOLOMON NGUNJIRI [2009] KEHC 903 (KLR)
✦ The suit premises belong to the deceased's estate and are not in trust for the Petitioner and his family.
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LEISURE LODGES LIMITED v MOFFAT M. KANGI (D.C. KWALE) & 5 others [2009] KEHC 2828 (KLR)
✦ The 1st, 2nd, 3rd, 5th, and 6th respondents are found in contempt of court orders and sentenced to pay a fine of Kshs.100,000/- within 10 days in default to serve three (3) months in civil jail.
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In Re Estate of Njogu Githiomi (Deceased) [2009] KEHC 1755 (KLR)
✦ The court finds that the deceased was the protestor's uncle and the widow of the deceased should inherit the suit premises.
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KENYA ANTI-CORRUPTION COMMISSION v CHEMBE HOLDINGS LTD & 2 others [2009] KEHC 3201 (KLR)
✦ The court ordered an interlocutory injunction to restrain the 2nd defendant from dealing with the suit property.
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CHARLES ALEXANDER KIAI & ANOTHER V LUKA WAGANA & 2 OTHERS [2009] KEHC 2704 (KLR)
✦ The application is allowed in terms of prayer 5, and the respondents are awarded costs.
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ANDREW OYUGI & ANOTHER V PETER EVANS OKEIGA & 2 OTHERS [2009] KEHC 2511 (KLR)
✦ The court dismissed the application to set aside the withdrawal order, finding no good reason for vacating the order.
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DAVID KAMAU NDIRANGU v GATEWAY INSURANCE [2009] KEHC 2680 (KLR)
✦ The court finds that the application to dismiss the suit was withdrawn by the plaintiff's counsel on 3rd May, 2004, and there is no application before the court for determination.
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REPUBLIC V PENINAH NDUKU MUTUNE [2009] KEHC 2970 (KLR)
✦ The court finds that the prosecution has not established a prima facie case and dismisses the case against the accused.
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NIXON GITHINJI KARIUKI v THUKU NYAGA [2009] KEHC 3334 (KLR)
✦ The application is dismissed with costs as the five-year delay was inordinate and no satisfactory explanation was offered.
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MAUREEN WAITHIRA MWENJE & ANOTHER V DAVID KINYANJUI NJENGA & 2 OTHERS [2009] KEHC 2291 (KLR)
✦ The judge agreed with the defendants' opposition to the application for injunction.
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MATHEW LEKIDIME LEMPURKEL V LOISABA RANCH LIMITED & ANOTHER [2009] KEHC 2293 (KLR)
✦ The court dismissed the suit for want of prosecution due to inordinate delay, but allowed the suit due to the plaintiff's plausible explanation.
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BETTY CHEPCHIRCHIR SEGUTON v KUNSTE HOTEL LIMITED [2009] KEHC 2687 (KLR)
✦ The application is misconceived and dismissed with costs to the respondent.
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SALIM MOHAMED OYUGA v REPUBLIC [2009] KEHC 2362 (KLR)
✦ The appeal is dismissed. The conviction is upheld based on the doctrine of recent possession.
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SALIM MOHAMED OYUGA V REPUBLIC [2009] KEHC 2361 (KLR)
✦ The appeal is dismissed as the conviction is based on sound evidence and the appellant was not denied a fair hearing.
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BECTON SABUNI MUNIALO v PAUL NGOME NALIANYA [2009] KEHC 2585 (KLR)
✦ The applicant's notice of motion is dismissed with costs.
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CLOVER FOODS (K) LTD & ANOTHER V THE CITY COUNCIL OF NAIROBI & ANOTHER [2009] KEHC 2533 (KLR)
✦ The Court finds no merit in the appeal and dismisses it with costs.
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KENYA ANTI-CORRUPTION COMMISSION V STEPHEN KIRIMA KOGI & 3 OTHERS [2009] KEHC 2290 (KLR)
✦ The application to strike out the plaint and dismiss the suit is granted.
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BECTON SABUNI MUNIALO V PAUL NGOME NALIANYA [2009] KEHC 2584 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs.
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JAX KENYA LIMITED V SOUTH AFRICAN MUTUAL LIFE & ANOTHER [2009] KEHC 2112 (KLR)
✦ The court allows the application and orders the parties to proceed to fix a hearing date on priority basis.
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IN THE MATTERT OF THE ESTATE OF THAIRU NJURANGA [2009] KEHC 2126 (KLR)
✦ The first property, Kabete/Kabete/82, will be divided as proposed by the objector, with the remaining portion divided equally among three houses. The second property, Kabete/Kabete/T.156, will be divided equally between the objector's family and Edward Ngugi Thairu. The third property, Kabete/Kabete/80, will be given to the third house.
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JOSEPH BORO NGERA T/A NGERA FANCY FARM V SAMWEL NDEGWAKIRUNGUMI [2009] KEHC 2734 (KLR)
✦ The court dismissed the appeal as the appellant had failed to prosecute the appeal within ninety (90) days as ordered.
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R.M.K & another v REPUBLIC [2009] KEHC 1968 (KLR)
✦ The matter is settled and there is nothing left for this court to do. The conviction of the minor R. M. K is quashed and he is ordered to be retried. The appeal of the co-accused Patrick Muthenya Ngethe is listed for a mention date before the judge.