Kenyan case law
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Jonathan Nzioka Mutiso v Director of Pensions [2007] KEHC 2279 (KLR)
✦ The court grants prayers 1 and 2 of the Notice of Motion dated 13th March 2007, allowing the amendment to the Notice of Motion and ordering the Applicant to bear the costs.
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LONRHO AGRIBUSINESS EAST v DAVID KIMITEI BOIT [2007] KEHC 2312 (KLR)
✦ The court allows the appeal and grants the temporary injunction as prayed for by the plaintiff.
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APRICOT APPLE PROMOTION & SYSTEMS LIMITED v STANBIC BANK LTD [2007] KEHC 2738 (KLR)
✦ The application for dismissal of the Plaintiff's suit is set aside due to improper substitution of service, and the application will be heard afresh upon proper service.
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Omar Juma Namatsi v Gabriel Lukhale Namatsi [2007] KEHC 1124 (KLR)
✦ The application is dismissed with costs to the respondents
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In Re Estate of Jemeli Kobot Kimutai (Decesed) [2007] KEHC 386 (KLR)
✦ The court found the application ambiguous and did not grant the prayer to amend the Letters of Administration or stay the proceedings.
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ABDI HAKIM ALSAFA v REPUBLIC [2007] KEHC 2067 (KLR)
✦ The court sets aside the orders made by the Principal Magistrate and orders the reinstatement of the cash bail of Kshs.30,000/=
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Mwango Jambo Chilango v Republic [2007] KEHC 1484 (KLR)
✦ The petition of appeal has not been amended
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MWANGO JAMBO CHILANGO v REPUBLIC [2007] KEHC 1766 (KLR)
✦ The petition of appeal was not properly amended and the appellant is ordered to amend it as per the Civil Procedure Rules.
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JOASH OMBIMA SENELWA v PETER W. NJIRU & 4 OTHERS [2007] KEHC 2599 (KLR)
✦ The Appellant's application for stay of the appeal is hereby dismissed with costs to the Respondents.
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INVESCO ASSURANCE COMPANY LTD v CHARLES KABURU [2007] KEHC 2564 (KLR)
✦ The application is granted, and the decretal sum is to be deposited within 7 days, execution is stayed, and the applicant is to pay auctioneer's costs.
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In Re The Matter of The Estate of Musa Kirima Kithure (Deceased) [2007] KEHC 1861 (KLR)
✦ The court orders all beneficiaries to appear before the court on 29th March, 2007 with their identification documents.
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MBUNI DRY CLEANERS LTD v GEORGE MUGO KAGONDU [2007] KEHC 2363 (KLR)
✦ The court finds that the appeal was filed within the time limitations stated in Section 15 of Cap. 301, and therefore dismisses the Respondent's application.
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CHURCH ROAD DEVELOPMENT CO. LTD v BARCLAYS BANK OF KENYA LTD & 2 others [2007] KEHC 2451 (KLR)
✦ The court finds that the plaintiff is not contractually obligated to pay legal costs on an Advocate/client basis and dismisses the application with no orders as to costs.
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M’MURIITHI M’MUGAMBI v HARRIET KINYA [2007] KEHC 1827 (KLR)
✦ The application must fail. It is dismissed with costs to the respondent.
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Boniface Waiti & another v Michael Kariuki Kamau [2007] KEHC 2609 (KLR)
✦ The plaintiffs failed to establish that the defendant was driving at an excessive speed and failed to use all reasonable means to avoid the accident on a balance of probability, hence the appeals are dismissed with costs.
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Lawrence Kinyua Mwai v Nyaringu Farmers Co Ltd & 2 others [2007] KEHC 2246 (KLR)
✦ The application for amendment will be allowed, except that the proposed 3rd defendant will not be joined as no cause of action is shown against him.
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JOGINDER SINGH t/a AHUJA INTERNATIONAL v ENTERPRISE MACHINE TOOLS LIMITED [2007] KEHC 2620 (KLR)
✦ The application is bad in law and incurably defective
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BLUE SHIELD INSURANCE CO v MERCY KAWIRA [2007] KEHC 2266 (KLR)
✦ The court held that the appellant was bound to satisfy the decree due to the failure to issue statutory notice.
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Kenya Industrial Estates Ltd v Francis Mureria [2007] KEHC 412 (KLR)
✦ Stay of execution granted pending the hearing and determination of the appeal
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Joginder Singh t/a Ahuja International v Enterprise Machine Tools Limited [2007] KEHC 440 (KLR)
✦ Application is bad in law and incurably defective.
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Rachael Mumbi Kigunda v Housing Finance Company Ltd & another [2007] KEHC 2615 (KLR)
✦ The Plaintiff lacks locus to bring the suit, her suit is scandalous, frivolous and ipso facto vexatious, and it is barred by the plea of res judicata. The plaint is struck out with costs to the Applicants.
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Julia Nkirote Mwitari v Mwenda Kiambi Makathimo [2007] KEHC 312 (KLR)
✦ The application is allowed with costs and the orders issued on 14th March, 2007 are set aside. The plaintiff shall have leave, within 14 days of today's date, to file and serve a replying affidavit and the application dated 21st February, 2007 set down for hearing interpartes.
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MUTURI INVESTMENTS LTD v NATIONAL BANK OF KENYA [2007] KEHC 2618 (KLR)
✦ The application is dismissed with costs to the Defendant.
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CHRISTOPHER NGARI MWANGI v KENYA COMERCIAL BANK LTD & 3 OTHERS [2007] KEHC 2619 (KLR)
✦ The application is dismissed as it lacks merit and is premised on a misunderstanding of the Hon. Judge Waweru's ruling.
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Mount Kenya Bottlers Ltd v Murungi Baituru Turuchiu [2007] KEHC 314 (KLR)
✦ The application is dismissed with costs as the claim is partly for an unliquidated claim and the defence is not a sham.