Kenyan case law
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ALBERT BUNDI M’IKIUGU V AUGUSTINE MURITHI M’NGARUTHI [2009] [2009] KEHC 3072 (KLR)
✦ The court finds that there is no question of fraud or omission, and the registration was a first registration. The court orders the rectification of the register to correct the mistake.
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MUGAMBI WANG’OMBE v CO-OPERATIVE BANK OF KENYA LTD. & 2 others [2009] KEHC 3187 (KLR)
✦ The application for stay pending appeal is dismissed.
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JOSEPH OUMA OGUTU & 6 OTHERS V INDUSTRIALANDCOMMERCIAL & ANOTHER [2009] KEHC 2153 (KLR)
✦ The Motion to dismiss the Plaintiffs' suit for want of prosecution is granted.
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SAMUEL MWAMBA AMBUNDO & 327 others v SPELL INVESTMENT CO. LTD., CONSOLATA NABWIRE ASEMBO, CONSOLIDATED BANK OF AFRICA, FRANCISCA ADIKINYI ASEMBO & ROBERT AKUMU ASEMBO (Civil Case 416 of 2008) [2009] KEHC 4230 (KLR) (17 July 2009) (Ruling)
✦ The court finds no merit in the preliminary objection and does not uphold it.
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BARCLAYS BANK OF KENYA LTD. v MARTHA KARWIRWA ANTHONY [2009] KEHC 3243 (KLR)
✦ The court granted an injunction pending appeal to restrain the defendant from interfering with the plaintiff's quiet possession of the suit premises.
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NANCY M. MWONGERA v BOARD OF GOVERNORS, SALVATION ARMY & another [2009] KEHC 2578 (KLR)
✦ The application for the amendment of the Notice of Motion was properly brought by way of Chamber Summons. The Court allows the Chamber Summons dated 18th June, 2009.
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Elias M. Musyoki v Halai Developers Limited (Receivership of Deloitte and Touche Accountants) & 4 others [2009] KEHC 2706 (KLR)
✦ The suit against the 2nd defendant is hereby struck off with costs.
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Malva Construction Limtied v Eabs Bank Limited [2009] KEHC 2104 (KLR)
✦ The court allowed the application to substitute the defendant and ordered the applicant to amend the pleadings within 7 days.
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JOHN MWANGI KIRIMA & 39 others v CHEZER INVESTMENTS LIMITED & another [2009] KEHC 3066 (KLR)
✦ The court held that the first 40 Plaintiffs were declared redundant in accordance with the law and that they are entitled to the special damages claimed.
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ERASTUS ADERO GOGO V NICODEMUS WAITE MURAGURI & 2 OTHERS [2009] KEHC 2504 (KLR)
✦ The court dismisses the application for dismissal of the suit for want of prosecution with costs.
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EDWARD WACHIURI NJOROGE V KENYA PLANTERS CO-OPERATIVE UNION LTD [2009] KEHC 2154 (KLR)
✦ The Chamber Summons is dismissed with costs to the Defendant/Respondent.
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ARTESIAN (K) LIMITED V FIDELITY SHIELD INSURANCE CO. LTD [2009] KEHC 2501 (KLR)
✦ The court found that the Defendant did not provide evidence to refute the Plaintiff's claim that the collapse was due to theft of bolts and angle sections, which was covered under the insurance policy.
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ADOPTION of BABY PW [2009] KEHC 2278 (KLR)
✦ The court authorizes the applicants to adopt the child and appoints the legal guardians. The court also appoints Children Above All Adoption Sweden Society to send reports as per its undertaking.
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REPUBLIC v MINISTER FOR AGRICULTURE & another [2009] KEHC 2235 (KLR)
✦ The Notice of Motion is partially successful, and the court orders each party to bear their own costs.
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ALPHONCE MASIKA NYUKURI & another v COMMISSIONER OF LANDS LAND REGISTRAR, KILIFI & another [2009] KEHC 1454 (KLR)
✦ The preliminary objection is not merited and is dismissed.
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DOROTHY NGENYI MUSEMBI & 4 others v TIMOTHY MUSEMBI KINAMA & 2 others [2009] KEHC 3023 (KLR)
✦ The plaintiffs failed to establish a case for citing the defendants for being in contempt of the orders of the court to the required standard of proof and the application is dismissed with costs.
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JOHN KAMAU NJUGUNA & 4 others v EMILIO MWANGI T/A CIRCUIT INVESTMENT & another [2009] KEHC 3018 (KLR)
✦ The application is allowed with costs to the applicant.
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In Re GREAT SOUTHERN COACH [2009] KEHC 919 (KLR)
✦ The application is dismissed as there are no good reasons to warrant a stay order
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CITY FINANCE BANK LIMITED v COMPUTER WORLD SERVICE LIMITED & 4 others [2009] KEHC 2072 (KLR)
✦ The court found that the defendants have no defense with triable issues and granted judgment in favor of the plaintiff.
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NM & Another [2009] KEHC 2281 (KLR)
✦ The court authorizes the Applicants to adopt the child who was born on 9th August, 2002.
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SAMUEL MUTHIA MAGUA v AMERICAN LIFE INSURANCE CO. LTD. [2009] KEHC 3186 (KLR)
✦ The preliminary objection is overruled, and the suit should proceed to hearing on priority basis.
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DHANJI VELJI v MOHAMED SALIM SHAMSUDIN [2009] KEHC 2638 (KLR)
✦ The Preliminary Objection has merit because the arbitration award was filed in a separate suit (HCCC No. 200 of 2007). The Originating Summons should have been filed in that suit.
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Ruaha Concrete Company Limited & 2 others v Paramount Universal Bank Ltd & 2 others [2009] KEHC 2095 (KLR)
✦ The court dismissed the application for a stay of execution, finding that the reasons for the taxation of the bills are clearly stated in the ruling of the taxing master and that the plaintiffs have not shown an arguable reference.
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KENNEDY ODHIAMBO OWITI v GEROGE ARUNGA SINO & another [2009] KEHC 1917 (KLR)
✦ The preliminary objection is not merited and is dismissed with costs.
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CASEMENT INDUSTRIES LTD v ATTORNEY GENERAL & 7 others [2009] KEHC 2483 (KLR)
✦ The application to strike out the suit against the 7th and 8th Defendants is granted, and the suit against them is struck out with costs.