Kenyan case law
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PETER ANDAYI & ISAIAH ANGANGA v JOSEPH KIBUNJA & SIMBA COLT MOTORS [2007] KEHC 2084 (KLR)
✦ The motion is allowed and the applicants are directed to lodge their appeals within 14 days.
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ROBERT MWANGI KIBUGI & 2 OTHERS v REPUBLIC [2007] KEHC 453 (KLR)
✦ The trial was declared a nullity, convictions and sentences set aside, and appellants ordered to be tried de novo.
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BONIFACE NDIRANGU MWANIKI v REPUBLIC [2007] KEHC 454 (KLR)
✦ The sentence of seven years is set aside and substituted with a sentence of 31⁄2 years imprisonment from the date of conviction.
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Benjoh Amalgamated Ltd & another v Kenya Commercial Bank Ltd [2007] KEHC 2803 (KLR)
✦ Petition is scandalous, frivolous and vexatious, and is an abuse of the process of court
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PETER ANDAYI & Another v JOSEPH KIBUNJA & Another [2007] KEHC 564 (KLR)
✦ The application is allowed, and the applicants shall lodge their appeals within 14 days.
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INNOCENT NTAKIRUTIMANA v REPUBLIC [2007] KEHC 3628 (KLR)
✦ The court found that the appellant did not commit the offence of being unlawfully present in Kenya, but the evidence was insufficient to prove that the appellant and the other two jointly committed the offence of being in possession of an imitation firearm.
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RODGERS MWEMA NZIOKA v THE ATTORNEY GENERAL & 9 OTHERS [2007] KEHC 2723 (KLR)
✦ Garnishee proceedings are not for the purpose of determining civil rights or obligations and are void under the Constitution.
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ELVIS OMONDI OGUNA v REPUBLIC [2007] KEHC 782 (KLR)
✦ The application for bail pending appeal is dismissed as the appeal does not have overwhelming chances of success and there is no unusual circumstance disclosed by the applicant's allegation of sickness.
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IN RE THE ESTATE OF MARTIN TUWEI [2007] KEHC 383 (KLR)
✦ The court held that Benjamin Karonei is a son of the deceased and entitled to inherit the estate.
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PETER ONYANGO ABAYO v REPUBLIC [2007] KEHC 1211 (KLR)
✦ The trial court is the proper court to entertain the application.
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SAMSON KIAMA MACHARIA v CO-OPERATIVE BANK OF KENYA LIMITED [2007] KEHC 3604 (KLR)
✦ The court held that the defendant's sale of the suit property was premature and null and void as no notification of sale had been served upon the plaintiff.
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PETER ONYANGO ABAYO v REPUBLIC [2007] KEHC 2685 (KLR)
✦ The trial court is the proper judicial officer to hear and dispose of the matter.
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FRANCIS ERUPE v REPUBLIC [2007] KEHC 2820 (KLR)
✦ The trial was rendered a nullity due to the omission of a witness from being sworn, and the appeal is allowed. The conviction and sentence are quashed, and the appellant is ordered to be retried before a different magistrate.
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DICKSON ELIJAH NGUMI WAICHUHI v KAHAWA SUKARI LIMITED & 2 others [2007] KEHC 2086 (KLR)
✦ A temporary injunction is issued restraining the 3rd defendant from parting with the possession and/or transferring the suit premises to his name or any other person's name until the determination of the suit.
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CHRISTOPHER MICHAEL STRONG v MWANGI MWANIKI GITONGA [2007] KEHC 2596 (KLR)
✦ The Plaintiff has proved his case on a balance of probability, and the Defendant unlawfully encroached upon and entered the Plaintiff's land.
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EMBAKASI PROPERTIES LTD v SAFE CARGO LTD & 2 OTHERS [2007] KEHC 3558 (KLR)
✦ The plaintiff is entitled to a declaration that the grant in favor of the first defendant is null and void.
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FEISAL ALI v REPUBLIC [2007] KEHC 1737 (KLR)
✦ The conviction is quashed and the sentence set aside. A retrial is ordered.
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DOMIC LOSAMULI YIAPAN v TUBMEES WAWERU KULUO [2007] KEHC 2700 (KLR)
✦ The court allows the Originating Summons and grants prayers Nos.1, 2, 3 and 4 thereof.
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REPUBLIC v JOSEPH KIPSANG SIMATEI [2007] KEHC 2568 (KLR)
✦ The court convicted the accused of manslaughter and sentenced him to six (6) years imprisonment.
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ELIZABETH KARUA M’RUTERE v JOSHUA M’IKIUGU KUURA & 2 OTHERS [2007] KEHC 1831 (KLR)
✦ The petitioner is the sole surviving spouse and is entitled to the deceased's estate, which includes the land in dispute.
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ELIZABETH KARUA M’RUTERE v JOSHUA M’IKIUGU KUURA & 2 others [2007] KEHC 1813 (KLR)
✦ The petitioner is the sole surviving spouse of the deceased and is entitled to the entire estate.
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ELANTRA PROPERTIES LIMITED v PARAMOUNT UNIVERSAL BANK LTD & 5 OTHERS [2007] KEHC 2768 (KLR)
✦ The court granted the application for an interlocutory injunction.
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PROFESSOR JOSEPH KAMUYA MAITHA v ELIZABETH KAMENE NDOLO AND THREE OTHERS [2007] KEHC 2701 (KLR)
✦ The application for leave to amend the plaint is allowed.
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STANLEY KIMERE v EVERIGGING AFRICA CONTRACTORS LIMITED [2007] KEHC 2698 (KLR)
✦ The appeal is allowed, the judgment of the lower court is set aside, and judgment is entered for the appellant on the basis of 50% liability for each party.
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QUEENSWAY AIR SERIVES LIMITED v COMMISSIONER OF INCOME TAX [2007] KEHC 248 (KLR)
✦ The court will conditionally enlarge the time for the applicant to lodge notice for the taxing master to give reasons for his ruling on the items to be specified, with the condition that the taxed amount is deposited into court within 60 days from the date of the reading of this ruling.