Kenyan case law
-
ROSEMARY NJOKI MWANGI v NATHIFY HASSAN [2012] KEHC 5795 (KLR)
✦ The application for interlocutory mandatory injunction is dismissed. Both parties to maintain the status quo on the suit property as at the date of this ruling pending hearing of the suit on priority basis.
-
AMEDO CENTRE (K) LIMITED v JACKSON SIMIYU & another [2012] KEHC 5792 (KLR)
✦ The Plaintiff was not entitled to the award of damages for defamation. The removal of the machine from the Plaintiff's possession was not an act of repossession by the Defendants but was actually done by the guarantor third party acting independently.
-
ERASTUS KIBUGI WAHOME v NATIONAL HOUSING CORPORATION [2012] KEHC 5946 (KLR)
✦ The court ruled on the issue of costs without citing any authorities.
-
MOHAMED ABDI OMAR v IBRAHIM MOHAMMED ISMAEL & Another INTERESTED PARTY SHOBA ROBA [2012] KEHC 5943 (KLR)
✦ The Plaintiff failed to prove that the Defendants have disposed of or removed their assets from Kenya or have the intent to avoid the process of the court or to obstruct or delay the execution of any decree that may be passed against them.
-
REPUBLIC V SENIOR RESIDENT MAGISTRATE – KWALE & 3 others Exparte SAID ALI MWALESO [2012] KEHC 2466 (KLR)
✦ The court quashed the order of the Provincial Appeals Committee and the District Land Disputes Tribunal, declaring their decisions illegal, null, and void, and prohibited the District Land Registrar from acting upon the orders.
-
AHMED MOHAMED AHMED V AHMED MOHIDEEN & ANOTHER [2012] KEHC 5804 (KLR)
✦ The court ordered the Plaintiff to deposit Kshs.1,000,000/- in an interest-earning account in the joint names of the Plaintiff's and the 2nd Defendant's advocates within 30 days of the judgment.
-
REPUBLIC V REGISTRAR OF TITLES & 3 OTHERS EXPARTE INCOME SUPERPLUS AGENCIES LIMITED [2012] KEHC 2446 (KLR)
✦ The court dismisses the Applicant's Notice of Motion with costs to the 1st Interested Party.
-
MWAGANDU MABUTI V REPUBLIC (Criminal Appeal 59 of 2007) [2012] KEHC 2374 (KLR) (14 September 2012) (Judgment)
✦ The conviction and sentence are quashed due to procedural irregularities and the Appellant is set at liberty
-
ABINEL ARIGA OGAMBA V PEOPLE LIMITED & ANOTHER [2012] KEHC 1748 (KLR)
✦ The court finds the statements to be defamatory and awards the Plaintiff general damages of KShs 850,000/00 with interest at court rates from the date of judgment until payment in full.
-
DUNCAN KINYUA MUGAMBI V EDDIE MUTEGI NJORA [2012] KEHC 1846 (KLR)
✦ The Plaintiff's suit is struck out and dismissed with costs to the Defendant.
-
REPUBLIC V SALIM ABDALLAH MACHIMBOJA [2012] KEHC 5814 (KLR)
✦ The accused is ordered to give his defence to the charge in compliance with Section 306(2) of the criminal Procedure Code.
-
KENYA PORTS AUTHORITY v OLIVER K. MWASARU [2012] KEHC 5791 (KLR)
✦ The appeal is dismissed with costs for want of prosecution and the decretal sum deposited in court be released to the Respondent's advocates.
-
DEWDROP ENTERPRISES LIMITED v WAMBUGU WAMBUI ANGELINE T/A A.W. KINUTHIA & CO. ADVOCATES [2012] KEHC 592 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Plaintiff and the Plaintiff is granted 14 days to file and serve a more compliant affidavit.
-
ANNELIESE FEILER v DIANI HOMES LIMITED [2012] KEHC 5796 (KLR)
✦ The suit is not a proper case for striking out the Plaintiff, and the application is dismissed with costs to the Plaintiff.
-
DALMAS OJWANG ODENY v SOUTH NYANZA SUGAR COMPANY LIMITED [2012] KEHC 1028 (KLR)
✦ The appeal is dismissed with no order as to costs.
-
ELIAB OJOW ODHIAMBO & 3 others v HABAKUK ONYAGO ABONGNO [2012] KEHC 2255 (KLR)
✦ The application is dismissed, and the suit is stayed until the pending case HCCC No.121 of 2005 is heard and determined.
-
JANE WANGUI MURAGE V DAKIANGA DISTRIBUTORS LIMITED [2012] KEHC 1017 (KLR)
✦ The court dismissed the appellant's claims
-
JANE MORAA MIYOGO V CHARLES MAINA ONCHARI [2012] KEHC 2087 (KLR)
✦ The court allows the plaintiff's application for an interim injunction restraining the defendant from dealing with the disputed land until the suit is heard and determined.
-
REPUBLIC V CLERK, MUNICIPAL COUNCIL OF KISII & ANOTHER EX-PARTE MASOSA CONSTRUCTION COMPANY LIMITED [2012] KEHC 2210 (KLR)
✦ The preliminary objection by the respondents is dismissed, and an order of judicial review in the nature of mandamus is granted to compel the respondents to satisfy and/or settle the decree of the court in favour of the ex parte applicant.
-
REPUBLIC V DISTRICT LAND REGISTRAR, KISII & ANOTHER EX-PARTE SAMWEL MAYIENGA OPENDA [2012] KEHC 2207 (KLR)
✦ The revocation of the applicant's land title is unconstitutional, null and void. The certificate of lease is conclusive evidence of ownership.
-
SAMSON OLE TINA V CLERK, TRANSMARA COUNTY COUNCIL & ANOTHER (Civil Case 4 of 2007) [2012] KEHC 2084 (KLR) (12 September 2012) (Ruling)
✦ The application is dismissed with costs
-
JULIUS OKUSIMBA POMBO V GILBERT KIPKURGAT & ANOTHER [2012] KEHC 2138 (KLR)
✦ The court finds the defendants 100% liable and awards the plaintiff Kshs.1,765,585 in general damages, costs, and interest.
-
MONICA MORAA V KENINDIA ASSURANCE CO. LTD [2012] KEHC 5510 (KLR)
✦ The preliminary objection raised by the plaintiff is upheld, and the Notice of Motion is struck out.
-
LAWRENCE MASEGA NYABOGA V TRANS-NATIONAL BANK LTD (Civil Case 138 of 1999) [2012] KEHC 2089 (KLR) (12 September 2012) (Ruling)
✦ The application is dismissed with costs to the defendant
-
ODOYO OSODO v RAEL OBARA OJUOK & 4 others [2012] KEHC 2125 (KLR)
✦ An order of temporary injunction is granted to restrain the defendants from interfering with the plaintiff's possession of the suit lands pending the main suit.