Kenyan case law
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Albert Anyira Giragwa v Hellen Obabu Oboge [2014] KEHC 2287 (KLR)
✦ The court ordered that the deceased's estate be distributed as follows: Hellen Obabu Oboge gets 0.648 hectares, and Albert Anyila Giragwa gets 0.328 hectares.
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Margaret Wanjiku Njoroge v Wilson Kimani Kiarie & 2 others [2014] KEHC 2531 (KLR)
✦ The Plaintiff has not established a prima facie case and the prayers sought in her Notice of Motion dated 24th July 2013 are accordingly denied.
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Isaack Ndegwa Kimaru & 2 others v Republic [2014] KEHC 8419 (KLR)
✦ The court found the circumstantial evidence sufficient to support the conviction and the doctrine of recent possession was properly applied.
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Ebrahim and Company Limited v Barclays Bank of Kenya Limited [2014] KEHC 2307 (KLR)
✦ The claim is barred by the Limitations of Actions Act and is struck out.
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Paulina Wanjiru Kiarie v Benson Irungu Mbaria [2014] KEHC 2065 (KLR)
✦ The Court held that the Plaintiff's claim of adverse possession is valid and that she is entitled to be registered as the proprietor of the land.
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Peter Ochieng’ Okeya v Carmel Alma Lamon [2014] KEHC 2345 (KLR)
✦ Each of the two registered owners is entitled to a half share of the suit land.
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Preston (K) Woods Ltd v Equatorial Commercialbank Ltd & another [2014] KEHC 2297 (KLR)
✦ The application is dismissed with costs.
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Republic v Nairobi City County ex-parte Elma Limited [2014] KEHC 2686 (KLR)
✦ The cancellation of the building plans approval was procedurally unfair and violated the applicant's right to procedural fairness.
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Joseph Muthuri Ikunyua v James Mwiteri Kinyua & 3 Others [2014] KEHC 259 (KLR)
✦ The plaintiff can be registered the absolute owner of the land title by way of adverse possession.
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Bivamunda Erick v Republic [2014] KEHC 2483 (KLR)
✦ The conviction is set aside and the case is remitted to the Subordinate Court for further inquiry into Erick's refugee status.
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Jonah Kimani Ngere v Gear Controls & Equipment Ltd [2014] KEHC 2562 (KLR)
✦ Claimant is awarded Kshs.198,800 in total, including one month's salary in lieu of notice, service gratuity, and compensation for unlawful dismissal.
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Joyce Karambu Ringera v Resident Magistrate, Meru & another [2014] KEHC 2646 (KLR)
✦ The court dismissed the application, finding the ex parte judgment was not ultra vires and was within the jurisdiction of the Resident Magistrate.
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Crown Company Egypt v Afham Trading Limited [2014] KEHC 8713 (KLR)
✦ The court held that the defendant did not breach the contract and the plaintiff's claim for refund was not valid.
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Mutisya Kiema v Republic [2014] KEHC 1040 (KLR)
✦ The conviction and sentence on Count one are upheld. The conviction and sentence on Count two are quashed and set aside.
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Joel Sio Mwasi v Republic [2014] KEHC 1041 (KLR)
✦ The court found no error in the trial magistrate's assessment of the child's age and the failure to order a medical examination.
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Anne Ayuma Harrison v Simon Githure Marungo [2014] KEHC 2263 (KLR)
✦ The court finds that the trial magistrate misdirected himself on the issue of ownership and allows the appeal. The court awards general damages of KShs.500,000/= and special damages of KShs.1,600/=.
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Nicholas Nzioka Ndambuki v Director of Public Prosecutions & another [2014] KEHC 1903 (KLR)
✦ The application is dismissed. The criminal proceedings in the Lower Court shall not be stayed.
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Kirema M’arimba v Joseph Kajuki [2014] KEHC 2619 (KLR)
✦ The appeal is dismissed with costs of appeal to the respondent as the appellant did not have the right of appeal due to the exparte judgment.
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Samson Paul Onunga v Raphael Weche Okubo [2014] KEHC 2348 (KLR)
✦ The application for an injunction is disallowed as the plaintiff's claim is based on adverse possession and the issue of the plaintiff's stay on the land is the main subject for determination.
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Oriental Mills Ltd v Johnson Gathuku Wandurua [2014] KEHC 1302 (KLR)
✦ The court allowed the appellant's application for a temporary stay of execution pending the hearing and determination of the appeal.
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Halima Ali Sigara v Ali Kalil & 2 others [2014] KEHC 2608 (KLR)
✦ Application dismissed with no order as to costs
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Peter Mwongerah & another v Patrick Safari Muindi [2014] KEHC 2644 (KLR)
✦ The preliminary objection is not merited and is dismissed with costs
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Odongo Ondaba Apeli & another v Stephen Owino Apeli [2014] KEHC 2289 (KLR)
✦ The court finds no contempt of court by the defendant and vacates the erroneously granted order.
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Dominic Kyalo Munyoki v Republic [2014] KEHC 1857 (KLR)
✦ The appeal on sentence is dismissed. The sentence for possession of forged currency note is within the law. The sentence for trafficking narcotic drugs is not within the law. However, the State did not seek enhancement, so the appeal on sentence is dismissed.
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Joyce Kamene Kiswi Alias Kamene Keswii & another v Alice Kamene Nzomo & another [2014] KEHC 1858 (KLR)
✦ The court finds and holds that the court has no original jurisdiction to hear the matter.