Kenyan case law
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SABINA NYANOKWE GATIMWA & 4 OTHERS V MAROA WAMBURA GATIMWA [2012] KEHC 2110 (KLR)
✦ The court declines to grant the inhibition order as it would deny the respondents the fruits of the decree. However, the court orders the applicant to file his monetary claim for reimbursement of expenses with the Deputy Registrar for assessment and execution as a money decree.
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Mumbi Mwathi v Stephen Ndung’u Mwathi [2012] KEHC 2264 (KLR)
✦ The orders for letters of administration and related proceedings are revoked and annulled. The titles resulting from subdivision are cancelled, and the deceased's title is restored.
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MUTHUI MWAI & 2 OTHERS V STANDARD NEWSPAPERS LTD 2 OTHERS [2012] KEHC 5828 (KLR)
✦ The Plaintiffs are entitled to general damages of KShs 400,000 each.
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Anthony Kipkoske Kimetto v Jackson Chelogoi [2012] KEHC 2086 (KLR)
✦ The application to dismiss the plaintiff's suit is allowed with costs to be borne by the plaintiff. The application to amend the plaint is allowed.
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Peterson Mugendi Njuki & 2 others v Republic [2012] KEHC 2321 (KLR)
✦ The conviction is quashed and the sentence of death set aside. The appellants are released unless otherwise lawfully held under a separate warrant.
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KRISBIANUS MOGOIGA MUCHUNI V THOMAS CHACHA MATIKO [2012] KEHC 1034 (KLR)
✦ The court declares that the appellant is the owner of plot number 2 Kugitimo Market and issues a permanent injunction restraining the respondent from interfering with the plot.
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PETER DENIS MBWALI & ANOTHER V KENYA LITERATURE BUREAU [2012] KEHC 5817 (KLR)
✦ The court ruled that Justice Nambuye can deliver the judgment on his behalf due to pending review proceedings.
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OKENYE ONSONGO V KENNEDY MOMANYI ONCHONGA & 2 OTHERS [2012] KEHC 2109 (KLR)
✦ The court finds in favor of the plaintiff, declaring him the rightful owner of the land.
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Kenya Bus Service Ltd & another v Minister for Transport & 2 others (Civil Suit 504 of 2008) [2012] KEHC 2402 (KLR) (21 September 2012) (Ruling)
✦ The provisions of the Government Proceedings Act and Public Authorities Limitation Act are not discriminatory and do not violate Article 27 of the Constitution.
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JOSEPH PIUS OGWORA V SOPHIA TURUNGI [2012] KEHC 2154 (KLR)
✦ The court dismisses the application with no order as to costs.
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PETER DENIS MBWALI & ANOTHER V KENYA LITERATURE BUREAU [2012] KEHC 2266 (KLR)
✦ plaintiffs' claims for back salaries and benefits are upheld
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OSMAN AHMED KAHIA V JOSEPH G. NJOROGE [2012] KEHC 5806 (KLR)
✦ The appeal is allowed. The respondent did not prove his claim especially on liability as against the appellant to warrant the orders made in his favour.
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PATRICIA BIRUNGI NAZZIWA & 2 OTHERS V REPUBLIC [2012] KEHC 5833 (KLR)
✦ The application is dismissed.
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Migotiyo Plantation Limited v Lucy Korir [2012] KEHC 2101 (KLR)
✦ The appeal is allowed. The judgment and all consequential orders are set aside.
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KARUNGURU ESTATE LIMITED V BEATRICE WAMERE KARANJA [2012] KEHC 5815 (KLR)
✦ Time for filing appeal extended by seven days, stay of execution not granted
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JAMES OMWANGE KENYANYA v HARON ONDARA KARANI [2012] KEHC 2108 (KLR)
✦ The court granted the application and set aside the judgment.
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JUSTUS AYOTI OMONDI V NAFTAL RAGIRA ONCHWARI (Miscellaneous Application 245 of 2011) [2012] KEHC 2097 (KLR) (21 September 2012) (Ruling)
✦ The application is dismissed with costs.
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REPUBLIC V LAND DISPUTE TRIBUNAL ASEGO DIVISION & ANOTHER EX-PARTE MOSES OTIENO OSOTI [2012] KEHC 2102 (KLR)
✦ The court finds that the Land Dispute Tribunal acted ultra vires its jurisdiction in adjudicating over title to registered land.
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PETER OTARA MASESE v KEUMBU LAND DISPUTES TRIBUNAL (KEUMBU DIVISION) [2012] KEHC 2105 (KLR)
✦ The court grants the application and quashes the proceedings of the Keumbu Lands Dispute Tribunal Case No. 23 of 2011, finding that the Tribunal lacks jurisdiction to entertain matters pertaining to land ownership, acquisition, and registered title.
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NATIONAL COUNCIL OF NON-GOVERNMENTAL ORGANISATIONS & 2 OTHERS V KITUO CHA SHERIA & 6 OTHERS [2012] KEHC 5820 (KLR)
✦ The court held that the best way forward in the interests of justice would be for the court to facilitate the holding of a general assembly of the 1st Plaintiff so that free and fair elections of officers of its executive and other committees can be conducted.
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REPUBLIC V PERMANENT SECRETARY, MINISTRY OF LANDS AND HOUSING EX PARTE JAMES CHERUIYOT BOIT [2012] KEHC 5825 (KLR)
✦ The court finds the demand for rent and threat of eviction arbitrary, unreasonable, and unlawful.
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KENYA COMMERCIAL BANK LIMITED V ANN KAJUJU CHARLES [2012] KEHC 5898 (KLR)
✦ The court grants the application to extend the validity of the summonses and re-issue them against the 15 Defendants
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Benard Mugendi Muthoni v Republic [2012] KEHC 2366 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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MATHEW KIRIAGO AKAMA & ANOTHER V MATHEW KANGWANA (Environment & Land Case 305 of 2010) [2012] KEHC 5847 (KLR) (Environment and Land) (21 September 2012) (Ruling)
✦ The court ordered the OCS Lang’ata Police station to enforce and ensure compliance with the previous judgment, supervise the execution of the decree, and put the Plaintiffs in possession of the suit property.
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REPUBLIC V CONSTITUENCY DEVELOPMENT BOARD & ANOTHER EX-PARTE HEARP CONSTRUCTION WORKS LIMITED [2012] KEHC 2100 (KLR)
✦ The application is dismissed with costs.