Kenyan case law
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Joseph B. Onguti & 5 others v Hotel Span Limited & 3 others [2006] KEHC 2318 (KLR)
✦ The preliminary objection is upheld, and the prosecution of the summons dated 10th February 2006 is halted pending the hearing and determination of the summons dated 26th April 2006.
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REPUBLIC v KENYA CRITICKET ASSOCIATION & 2 others [2006] KEHC 2028 (KLR)
✦ The objection raised by the respondents has merit and the proceedings are struck out.
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In Re the Estate of Gatuha Mwaniki (Deceased) [2006] KEHC 2357 (KLR)
✦ The properties in contest have to be divided equally between the two administrators/beneficiaries.
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Amrut Investments Limited v Sobhag H Shah & another [2006] KEHC 2457 (KLR)
✦ The court dismissed the plaintiff's suit for non-compliance with the order to provide security for costs.
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Manamba Lebilal Saitubu & another v Republic [2006] KEHC 3441 (KLR)
✦ The convictions are quashed, and the Appellants are set free unless otherwise lawfully held.
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Cyka Holdings Limited v Johnson Joshua Kinynjui & 2 others [2006] KEHC 2494 (KLR)
✦ Allow this application with costs in the cause
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Republic v Kenya Cricket Association & 2 others [2006] KEHC 2429 (KLR)
✦ The objection raised by the respondents has merit and the proceedings are struck out.
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Maina Warui Muriuki & another v Republic [2006] KEHC 2463 (KLR)
✦ The conviction and sentence are quashed and the case is ordered for retrial.
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Eric Jean Daniel Stolz & another v Mohamed Husein Abdalla Jaffer [2006] KEHC 2449 (KLR)
✦ The preliminary objection is overruled, and the plaintiffs are awarded the costs of the preliminary objection.
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Reginald Willingston Karanja v Giro Commercial Bank of Kenya Limited (Commercial Civil Case 143 of 2006) [2006] KEHC 2493 (KLR) (Commercial and Tax) (25 May 2006) (Ruling)
✦ The application is dismissed with costs to the defendant.
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Giro Commercial Bank Limited v Shreeji Enterprises (K) Limited & 3 others [2006] KEHC 2495 (KLR)
✦ The court held that the 1st Defendant is liable for the unpaid bills and interest, and awarded the sum of Kshs.3 million with interest at court rates from the date of filing the Plaint and the costs of the suit.
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OL’KALOU FARMERS SACCO SAVINGS & CREDIT CO-OPERATIVE SOCIETY & another v PIUS NJOROGE [2006] KEHC 2222 (KLR)
✦ The High Court dismissed the suit as the jurisdiction of the case is vested in the Co-operative Tribunal.
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F.T.M v J.O.O (Divorce Cause 27 of 2005) [2006] KEHC 2291 (KLR) (Family) (25 May 2006) (Order)
✦ Proceedings of 25th May, 2006 are struck out from the court record. A fresh date is set for hearing the petition as a defended cause. The petition will be heard by any other Judge in the Family Division except the presiding judge.
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Cathirene Njuguini Kanya & 2 others v Commercial Bank of Africa [2006] KEHC 2501 (KLR)
✦ The plaintiffs are not entitled to be treated as approved retirees and are subject to commercial rates of interest on their loans. The plaintiffs are not entitled to damages but are entitled to interest on their redundancy payments.
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Kenya Commercial Bank Ltd v Avinder Singh Kondole & 2 others [2006] KEHC 2356 (KLR)
✦ The court dismissed the appeal, finding that the 1st respondent was entitled to file, argue, and the learned trial magistrate was in order to grant the orders based on the application dated 6.1.2004.
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Alpha Knits Ltd v Meghji Kanji & CO. Advocates [2006] KEHC 2498 (KLR)
✦ The court finds the cheque was an unsecured loan from the Plaintiff to the Defendant, and gives judgement for the Plaintiff for Kshs.10 million with interest at court rates from the date of filing of the Plaint. The Plaintiff will have the costs.
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KERUBA OLE SUPEYO & another v REPUBLIC [2006] KEHC 2415 (KLR)
✦ The appeals are dismissed as the appellants were properly convicted
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Joseph Ndungu Muthoni v Republic [2006] KEHC 2467 (KLR)
✦ Proceedings are declared a nullity, convictions and sentence set aside
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Naju Ivestments Limited v Shivali Holdings Limited & 3 others [2006] KEHC 2456 (KLR)
✦ The application to set aside or vary the temporary injunction order is dismissed.
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James Mwaniki Karanja v Republic [2006] KEHC 2416 (KLR)
✦ The conviction is unsafe due to contradictions in prosecution evidence and the trial court's failure to consider the Appellant's defense properly.
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George Ateka v Republic [2006] KEHC 1743 (KLR)
✦ Order for a retrial
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Philemon P. A. Kiwool v Annah Ndunge Malavu & another [2006] KEHC 2499 (KLR)
✦ There was no binding agreement between the Plaintiff and the Defendant regarding the option to purchase the 4-hectare land. The Plaintiff cannot succeed as he has not established any right to the land.
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J.P v S.K.S.P [2006] KEHC 2372 (KLR)
✦ The marriage is dissolved, and the petitioner is granted custody of the child. The petitioner will bear the costs of the proceedings.
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SAMUEL NDUNGU MACHARIA v REPUBLIC [2006] KEHC 2413 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be set free unless otherwise lawfully held.
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David Munyei & 3 others v Ronald Barasa [2006] KEHC 2277 (KLR)
✦ The court finds that the fourth defendant was not vicariously liable for the acts of the first, second, and third defendants. The court upholds the finding of liability for the first, second, and third defendants but dismisses the appeal of the fourth defendant.