Kenyan case law
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Ezekiel Daniel Mwakio v Republic [2005] KEHC 2577 (KLR)
✦ The conviction is upheld, and the sentence of six years imprisonment is affirmed, with the corporal punishment vacated.
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Richard Dede v Owuor Chwaya (Deceased) & another [2005] KEHC 2477 (KLR)
✦ The trial magistrate's judgment is upheld, as the appellant failed to provide evidence of joint ownership of the land.
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Nashon Oinga Odwera v George Ndiege Okore [2005] KEHC 2545 (KLR)
✦ Application dismissed
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Daniel Kiprono Naimoja v District Land Adjudication Officer Transmara [2005] KEHC 2555 (KLR)
✦ The court has no jurisdiction to extend time for the applicant to apply for leave for certiorari as the decision was made over four years before the application was filed.
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In Re the Estate Of Timothy Mukwa Mangoli (Deceased) [2005] KEHC 2066 (KLR)
✦ The application was fatally defective and is therefore struck out.
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Mobesh Ratemo Atuti v National Bank of Kenya Limited [2005] KEHC 2324 (KLR)
✦ The court dismissed the suit and struck it out with costs, finding the plaintiff's inaction justified the defendant's application.
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Ndumberi Dairy Farmers Co-operative Society Ltd v Boniface Kinyanjui Muthee [2005] KEHC 2441 (KLR)
✦ The Appellant is found liable for the Respondent's injuries, and the award of general damages is upheld.
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Republic v Paratoti Ole Tema [2005] KEHC 2141 (KLR)
✦ The appeal on conviction is dismissed for lack of merit. The appeal on sentence is allowed, and the sentence of 7 years is set aside and substituted with a sentence of 5 years.
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Akiba Bank Limited v Amina Ghafur Haji & 2 others [2005] KEHC 2501 (KLR)
✦ The Court dismissed the Plaintiff's application.
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CREDIT BANK LIMITED V PANACHAND JIVRAJ SHAH & ANOTHER [2005] KEHC 3077 (KLR)
✦ The interlocutory judgment against the 2nd defendant is set aside and he is granted unconditional leave to defend the suit.
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National Cereals & Produce Board v Dubai Bank Kenya Ltd [2005] KEHC 2361 (KLR)
✦ The Plaintiff's amendment is not incurably defective and is allowed. The Defendant's objection is dismissed.
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Republic v Chairman,Advocates Disciplinary Committee & another ex parte Jafferson MS Nyagesoa [2005] KEHC 2557 (KLR)
✦ The court quashes the proceedings and sentence, and dismisses the application for reinstatement.
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Republic v National Environment Management Authority & 2 others exparte Greenhills Investment Limited & 2 others [2005] KEHC 2559 (KLR)
✦ The objections are disallowed with costs to the applicant. The application is set down for hearing on merit.
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Richard Odipo Othira v Sonyaco Sacco [2005] KEHC 2495 (KLR)
✦ The application is allowed, and the judgment entered on 13th November 2002 is set aside. The suit is to be heard afresh.
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Gursharan Singh Brar t/a Kinal Saw Mills v Mathew Oseko [2005] KEHC 2607 (KLR)
✦ The Court granted the stay of execution pending the hearing and determination of the appeal.
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Nyakundi & Company Advocates v Kenyatta National Hospital Board [2005] KEHC 2338 (KLR)
✦ The reference is incompetent and struck out with costs due to being filed out of time without leave.
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Peter Odhiambo v Ali Bakari Helefi [2005] KEHC 2270 (KLR)
✦ The defendant's driver is found to be the one who attempted to overtake the lorry, and is therefore liable for the plaintiff's damages
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Republic v Boniface Gatungi Mbuchi [2005] KEHC 2402 (KLR)
✦ The court finds that the prosecution has not established a prima facie case and that the accused has no case to answer. The court acquits the accused and orders him to be set free.
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ESTHER KANINI MUTAKHA, LUCY WAMAITHA NDEGWA, SUSAN MWIHAKI WANYOIKE & JANE WAMBUI WANYOIKE v MUTATI TRANSPORTERS LIMITED (Civil Case 2 of 2004) [2005] KEHC 463 (KLR) (20 May 2005) (Ruling)
✦ The defendant's renovations were undertaken to frustrate and force the plaintiff out of the demised premises. The plaintiff has established a prima facie case and the interlocutory injunction is granted.
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ELIZABETH OKOYANA v HENRY AMWAYI NDETE [2005] KEHC 97 (KLR)
✦ The exhumation order is set aside, and the remains will continue to be held at Kakamega Provincial General Hospital mortuary until the final determination of the suit.
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Delaco Limited & 3 others v Job Okuna Oyugi & 4 others [2005] KEHC 2623 (KLR)
✦ The replying affidavit is invalid for breaching a mandatory provision of the Civil Procedure Rules, and the application is granted.
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Dr. Esther Kanini Mutakha & 3 others v Mutati Transporters Limited [2005] KEHC 2252 (KLR)
✦ The court grants the interlocutory injunction sought by the plaintiff, restraining the defendant from interfering with the plaintiffs' tenancy or terminating it pending the hearing and determination of the suit.
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Elizabeth Okoyana v Henry Amwayi Ndete [2005] KEHC 2047 (KLR)
✦ The exhumation order is set aside, and the suit is urgently set down for hearing before a different magistrate.
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Walter Kigera Waireri v N.W. Realite Limited; Karume Investments Ltd (Civil Case 706 of 2004) [2005] KEHC 2782 (KLR) (Civ) (20 May 2005) (Ruling)
✦ The application is dismissed with costs to the Defendants.
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Arthur K. Apungu v M/s Justnice Limited & 2 others [2005] KEHC 2538 (KLR)
✦ The transactions were legally binding, and the purported rescission by the 1st Defendant was invalid. The transfer of the suit property to a third party was fraudulent and unlawful.