Kenyan case law
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Samuel O. Tima & another v Housing Finance Company of Kenya & another [2013] KEHC 6664 (KLR)
✦ The plaintiffs complied with the order to open an escrow account and did not fail to prosecute the case.
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David Ngati & 3 others v Embakasi Village Craft Jua Kali Association & 11 others [2013] KEHC 6756 (KLR)
✦ The court granted the temporary injunctions requested by the plaintiffs.
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Christopher Michael Lockley v Juletabi African Adventure Limited & 2 others [2013] KEHC 2300 (KLR)
✦ The Plaintiff is entitled to a mandatory injunction to restrain the Defendants from selling or disposing of the property and vehicle, and to obtain mandatory injunctions for the release of the Title Deed and Log Book of the vehicle until the suit is determined.
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Pacific Frontier Seas Limited vs IRMARD Beig & another [2013] KEHC 5986 (KLR)
✦ The plaintiff's application to strike out certain paragraphs of the defendant's amended defence and counterclaim is valid, and the defendant's preliminary objection is dismissed with costs to the plaintiff.
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Mohamed Said Mohamed v Julius Mwangolo Mwatua [2013] KEHC 2299 (KLR)
✦ The appeal cannot be dismissed for want of prosecution as the directions have not yet been given. The Appellant is ordered to extract the lower Court's Decree within 14 days.
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Joseph Mwangi Gikunju & 3 others v Crispus Raini Nyaga & 4 others [2013] KEHC 6761 (KLR)
✦ The court dismissed the application for an injunction restraining the Defendants from dealing with plot 14 of Kahawa West Phase II.
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Edward Njane Nganga & another v Damaris Wanjiku Kamau [2013] KEHC 2119 (KLR)
✦ The application is granted in terms of prayers b.
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Barnaba Ouma Wafula & 3 others v Chief Bukhayo Central & 13 others [2013] KEHC 2231 (KLR)
✦ Land parcel Bukhayo/Malanga/619 was registered in the names of County Council of Busia on first registration in trust for the community in the area the land is situated. It is meant for public use and is not part of Bukhayo/Malanga/160 or 162.
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Michael Munene Njogu & 2 others v Bernard Githinji & 2 others [2013] KEHC 6613 (KLR)
✦ The application is res judicata as a similar application was dismissed by Lady Justice Ong’udi on 4th December 2012. The application is hereby dismissed with costs.
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Mary Waithera Irungu v Republic [2013] KEHC 6620 (KLR)
✦ Conviction and sentence quashed, re-trial ordered
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Julius Ngigi Munjuga v Chairman Board Of GovernorsMurang’a College Of Technology Primary School Through The Chairman,Secretary And Treasurer [2013] KEHC 6621 (KLR)
✦ The plaintiff is entitled to the orders sought, including an injunction to remove fencing and a permanent injunction against trespassing, encroaching, entering, or taking possession of the suit property.
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Baikiamba Kirimania v M'mauta Nkari [2013] KEHC 952 (KLR)
✦ The court finds the plaintiff has proved his case and orders a permanent injunction against the defendant, an order of eviction, and costs awarded to the plaintiff.
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Republic v Erick Mbondo Mulonzi [2013] KEHC 2290 (KLR)
✦ The application for bail is allowed on terms that will secure the applicant’s attendance at trial.
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Republic v Catherine Ndunge Muthoka [2013] KEHC 1479 (KLR)
✦ The application for bail is dismissed as there is a high chance the applicant may jump bail.
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Peter M. Mbogo v Dester Nawe & another [2013] KEHC 2319 (KLR)
✦ The application must fail as it does not meet the provisions provided for under section 27 of the Limitation of Actions Act
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Commission on Administrative Justice v Attorney General & another [2013] KEHC 6612 (KLR)
✦ The Court found that the Supreme Court Act, 2011 does not exceed the jurisdiction conferred by the Constitution.
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James Onyango Nyangolo v Eng Kenya Limited [2013] KEHC 6695 (KLR)
✦ The court awards the claimant Kshs.254,000/= in total, subject to income tax deductions, and orders the respondent to pay costs and interest from the date of judgment.
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Joeseph Gichuri Mararo & another v Grace Wambui Kiruthi (Sued as Wataiya Kiruthi) [2013] KEHC 6757 (KLR)
✦ The court dismissed the suit and the counterclaim.
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Julia Ojiambo v Morris Oduori Were [2013] KEHC 2314 (KLR)
✦ The court finds that on the balance of convenience, the applicant deserves the order so as to conserve the subject matter of this suit awaiting the hearing and determination of the case.
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Republic v Chairman, Lurambi Division Land Disputes Tribunal & another Ex-parte Jullietta Mwanda [2013] KEHC 2275 (KLR)
✦ The application is incompetent and premature, and is struck out without going into the merits of the complaints.
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Hassan Mohamed Hassan & Abdikarim Nunow Amin v Independent Electoral & Bounderies Commission, Festus Ngeerah (Returning Officer) & Abdkair Ore Ahmed (Election Petition 6 of 2013) [2013] KEHC 2317 (KLR) (19 September 2013) (Judgment)
✦ The petition is dismissed with costs to the respondents.
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Margaret Kabuteni v George Kiruki & another [2013] KEHC 937 (KLR)
✦ The appeal is dismissed for want of prosecution.
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Johnson Kiragu Wachira v Ali Ndiritu Njoroge & another [2013] KEHC 2306 (KLR)
✦ The application is allowed, and the registration of Ali Ndiritu Njoroge as the proprietor of LR MAHIGA/KIHOME/177 and subsequent subdivisions is canceled. The land reverts to its original LR MAHIGA/KIHOME/177, and the respondents are restrained from interfering with the applicant's access to the land.
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Kenya (Rtf) Limited v Permanent Secretary Ministry of Lands & 2 others [2013] KEHC 6614 (KLR)
✦ The Petitioner is not the entity that was granted the land, and the land parcel does not exist as registered in the Petitioner's name. The constitutional right to property was not violated, and the Petitioner is not entitled to the reliefs sought.
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Joseph Muchiri & 3 & Clerk Kerugoya/Kutus Municipal Council [2013] KEHC 2260 (KLR)
✦ The Judicial Review is dismissed for want of prosecution.