Kenyan case law

Joginder Singh t/a Ahuja International v Enterprise Machine Tools Limited [2007] KEHC 440 (KLR)

✦ Application is bad in law and incurably defective.

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.

MUTURI INVESTMENTS LTD v NATIONAL BANK OF KENYA [2007] KEHC 2618 (KLR)

✦ The application is dismissed with costs to the Defendant.

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.

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.

MOUNT KENYA BOTTLERS LTD v MURUNGI BAITURU TURUCHIU [2007] KEHC 2236 (KLR)

✦ The application is dismissed with costs as the claim is partly for an unliquidated claim and the defence is not a sham.

Mary Koech suing as the administrator of the estate of Aron Machege Koech (Deceased) v Kenya Revenue Authority [2007] KEHC 2606 (KLR)

✦ Summary Judgment granted for half salary for the period 2.4.98 to 8.10.01, other dues such as leave and medical allowances, and pension and terminal benefits. Costs and interest are awarded.

Laikipia County Council v Gichohi Wahome & 5 others [2007] KEHC 2340 (KLR)

✦ The court dismissed the suit for want of prosecution.

M M Kioga & Co Adv v Joseph Macharia & another [2007] KEHC 868 (KLR)

✦ The court vacates the stay order and orders execution to proceed.

ELIAS MWANGI v NYERI COUNTY COUNCIL & ANOTHER [2007] KEHC 2334 (KLR)

CHARLES NJIRU JOHN v CO-OPERATIVE BANK OF KENYA [2007] KEHC 2241 (KLR)

✦ The court ordered a formal approach by any party who feels aggrieved by the consent order to file an application to determine the controversy on merit.

Charles Njiru John v Co-operative Bank of Kenya Ltd [2007] KEHC 317 (KLR)

✦ The court ordered a formal approach by any party who feels aggrieved by the consent order to file an appropriate application to be canvassed and the court to determine the controversy on merit.

Mea Limited v Echuka Farm Limited & 2 others [2007] KEHC 2415 (KLR)

✦ The court finds that the 1st defendant's demand for payment from the 3rd defendant bank is not valid due to the failure to provide a workable letter of credit.

KENYA POWER & LIGHTING CO. LTD v BROOKFIELD ACADEMY LTD & ANOTHER [2007] KEHC 382 (KLR)

✦ The appeal was filed within the statutory time limit

BOOK POINT LIMITED v GUILDERS INTERNATIONAL BANK LTD & ANOTHER [2007] KEHC 2247 (KLR)

✦ The preliminary objection is dismissed with costs.

P B v S P [2007] KEHC 2333 (KLR)

✦ The marriage between the petitioner and respondent be dissolved on grounds of irreconcileable differences.

Edward Juma v Peter Ndirangu [2007] KEHC 527 (KLR)

✦ The application is struck out as premature

EDWARD JUMA v PETER NDIRANGU [2007] KEHC 2570 (KLR)

✦ The application is struck out as premature and incompetent

Mary Wanguii Kimani (Suing as Personal Representative of the Estate of James Kinuthia Kimani-Deceased) v Gilgil Telecommunication Industries Ltd & another [2007] KEHC 1932 (KLR)

✦ The plaintiff is awarded Ksh.350,000/= in total damages, with 30% contribution from the defendants.

NIFA NYANGWESO ONZERE & another v ZIPPORAH OMENDA [2007] KEHC 1849 (KLR)

✦ The court finds that Zipporah Omenda was the wife of the deceased under African Customary Law of the Maragoli tribe, and the grant was obtained fraudulently by concealment of material facts.

ELIMU SAVINGS AND CREDIT CO-OPERATIVE SOCIETY v TEACHERS SERVICE COMMISSION [2007] KEHC 2317 (KLR)

✦ Summary judgment is granted in favor of the plaintiff in the sum of Kshs.4,726,589/= plus interest at 3% per month until payment in full.

A TOUCH OF VELVET LTD.& 3 OTHERS v NATIONAL BANK OF KENYA [2007] KEHC 2789 (KLR)

✦ The application for an injunction was dismissed.

James Nyaboga Masogo v Kipkebe Ltd [2007] KEHC 1926 (KLR)

✦ The court dismissed the plaintiff's claim.

A TOUCH OF VELVET LTD. & 3 OTHERS v NATIONAL BANK OF KENYA [2007] KEHC 1884 (KLR)

✦ The court denied the application for an injunction.

REMCHUS ACHYENZA MUHANDA v REPUBLIC [2007] KEHC 3382 (KLR)

✦ The conviction for robbery with violence is quashed, and the appellant is convicted for assault causing actual bodily harm.