Kenyan case law
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M’MUTHAURA M’MUKUA v SENIOR RESIDENT MAGISTRATE & 2 others [2008] KEHC 2148 (KLR)
✦ The High Court dismissed the application, holding that the magistrate's court had no jurisdiction to entertain and award orders regarding the land dispute.
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CHARLES GITHINJI MUTURI v JULIUS NDERITU KABERA [1999] [2008] KEHC 2512 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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ANDREW HAMISI v REPUBLIC [2008] KEHC 2365 (KLR)
✦ The Appellant's conviction and sentence are upheld.
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M’IMPWI M’IKIUGU v JOSEPH KITHINJI & another [2008] KEHC 2559 (KLR)
✦ The court awards costs to the defendants.
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JULIUS GATHEMIA KIHARA & 13 OTHERS V KENYA PIPELINE COMPANY LTD [2008] KEHC 36 (KLR)
✦ The application is disallowed, and the parties are ordered to do discovery and exchange documents within 14 days, frame and exchange issues within 30 days, and the matter is mentioned for hearing on June 22, 2009.
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REUBEN OMBIMA ATICHI v REPUBLIC [2008] KEHC 2202 (KLR)
✦ The conviction is quashed and the case is remanded for retrial
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REPUBLIC v FRANCIS MUTHEMBA MUNGA & 2 others [2008] KEHC 1867 (KLR)
✦ The court finds that the police violated the constitutional rights of the accused by detaining them for 41⁄2 months and upholds the preliminary objection, acquitting the accused.
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M.A. BAYUSUF & SONS LTD v GRACE ADHIAMBO OPONDO [2008] KEHC 2330 (KLR)
✦ The award of Kshs. 200,000/= on a 100% liability is set aside and reduced to Kshs. 80,000/=
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P.N. MASHRU LIMITED v MOI UNIVERSITY [2008] KEHC 2070 (KLR)
✦ The application is dismissed, but the plaintiff will bear the costs.
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MATHIAS SCHAFER v ALICE NJOKI MUNGAI & 2 others [2008] KEHC 1936 (KLR)
✦ The property is solely owned by the applicant, and the respondent is to share the rent collected.
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MOSES CHEBOIT NYERERE v CHARLES KINYANJUI KANGETHE & another [2008] KEHC 2441 (KLR)
✦ The learned trial magistrate erred in both law and fact in wholly believing the evidence of the defendant and disregarding that of the plaintiff
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PHINEAS KIMATHI v JAMES MUIRURI KAHUMBURA & another [2008] KEHC 2455 (KLR)
✦ The suit is hereby struck out with costs to the Defendants.
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In Re CP (A Minor) [2008] KEHC 2584 (KLR)
✦ The court is persuaded that the best thing this court can do for Baby C is to allow her to be adopted by the applicants.
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ERDEMANN COMPANY (K) LTD v FERDINARD KOMBO [2008] KEHC 2456 (KLR)
✦ The court grants the release of the sum of Kshs.558,804/00 to the defendant. The second prayer for the execution of the balance of the price accumulated is struck out as misconceived.
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LEO B. MATUNDURA v TIMONAH MUTWIWA [2008] KEHC 2416 (KLR)
✦ The application for stay of execution of decree is dismissed with costs to the Respondent.
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GABRIEL MAGAIGWA BURURE & THOMAS MURUGA v GABRIEL MAGAIGWA BURURE (Civil Appeal 9 of 2008) [2008] KEHC 2439 (KLR) (30 May 2008) (Ruling)
✦ The appellants should pay half of the decretal sum to the respondent and the balance be deposited in an interest earning account in the joint names of the advocates for the parties herein.
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M. N. NG’ANG’A & 2 others v LAB CONSTRUCTION LIMITED & 3 others [2008] KEHC 2387 (KLR)
✦ The decree was set aside and an order of stay of execution was granted.
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REPUBLIC v ATTORNEY GENERAL & 7 others [2008] KEHC 1920 (KLR)
✦ The application is dismissed. The court points out that there has been great delay in the matters filed by Mr. Gacheche.
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In Re Murage Ngari Deceased [2008] KEHC 1757 (KLR)
✦ The application is allowed, and the court orders a rehearing of the issue on 19/6/2008 with all parties present.
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LOICE KEMUNTO MOGIRE(suing on behalf of the estate of DAVID MOGIRE OMWEGA) v JAMES KERINDI OMWEGA [2008] KEHC 2381 (KLR)
✦ The plaintiff has proved her claim on a balance of probabilities and the defendant has no legal basis to trespass on the suit land. The court grants the permanent injunction sought by the plaintiff.
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JAPHETH MWANGO CHACHA v EZRA ODONDI OGOL [2008] KEHC 2440 (KLR)
✦ The court allows the respondent's application for admission of additional evidence as sought, since the proceedings and the judgment sought to be adduced have already been filed as exhibits in this application.
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JAMES NJUGUNA v FREDRICK GITHINJI NDEGWA [1999] [2008] KEHC 2504 (KLR)
✦ General damages assessed at Kshs.1,500,000/= and special damages at Kshs.2,100/=. The Defendant is ordered to pay costs and interest on the decretal sum.
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OLECHESUSUA KIPUTIT v AMPANI LEKAKENY [2008] KEHC 2380 (KLR)
✦ The plaintiff is the registered proprietor of the suit land and his rights are properly secured under the provisions of Sections 27 and 28 of the Registered Land Act. The defendant should vacate the suit land and move to his own parcel of land, parcel No.36.
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KENYA POWER & LIGHTING CO. LTD v KENYA COLD STORAGE 1964 LTD [2008] KEHC 2377 (KLR)
✦ The court finds that the dismissal of the suit was not valid due to the lack of proper notice to the plaintiff's advocates. The court sets aside the order of dismissal and grants a chamber summons for the plaintiff to finalize pre-trial procedures and have the suit listed for hearing within 90 days.
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Peter Njogu Ndege v Republic [2008] KEHC 2474 (KLR)
✦ The appellant was properly convicted of robbery with violence and the conviction and sentence are confirmed.