Kenyan case law
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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.
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AUTOMOTIVES INDUSTRIAL BATTERY MANUFACTURERS v ISAAC KIMANI NJUGUNA [2007] KEHC 3629 (KLR)
✦ The appeal is allowed, and the lower court's ruling is set aside. The Appellant's application for a stay is allowed.
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QUEENSWAY AIR SERIVES LIMITED v COMMISSIONER OF INCOME TAX (? 1231 of 2003) [2007] KEHC 2805 (KLR) (28 May 2007) (Ruling)
✦ 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.
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Emmannuel Njuguna Maina v Republic [2007] KEHC 3772 (KLR)
✦ The appellant is found guilty of robbery
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MWARANIA KWARIA v JULIUS KATHIA KIUJO [2007] KEHC 1829 (KLR)
✦ The application is incompetent and struck out with costs to the respondent.
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ALBERT M’MBOGO v CO-OPERATIVE BANK OF KENYA & ANOTHER [2007] KEHC 2628 (KLR)
✦ Application is incompetent and struck out with costs to respondents
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ODHIAMBO OWITI AND COMPANY V BLUESHIELD INSURANCE COMPANY LIMITED [2007] KEHC 14 (KLR)
✦ The court dismisses the application with costs, stating that the advocate cannot seek leave to tax a bill with the client after ceasing to act for that client and that the advocate cannot consolidate 110 bills in one application.
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ALFA MOTORS LIMITED v TOYOTA EAST AFRICA LIMITED [2007] KEHC 2808 (KLR)
✦ The preliminary objection raised by the Defendant is upheld, and paragraph 20 of Mr. Azim Taibjee's affidavit is struck out.
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MURITHI M’MBUI & ANOTHER v HOUSING FINANCE COMPANY (K) LIMITED [2007] KEHC 2721 (KLR)
✦ The court grants the application for a stay of proceedings pending the hearing and determination of the appeal.
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AGGREY ARUWA & ANOTHER v NICHOLAS S. AMUTAVI [2007] KEHC 2804 (KLR)
✦ The court grants a stay of execution pending appeal on certain terms
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KANIKI KARISA KANIKI v COMMERCIAL BANK LIMITED & 2 OTHERS [2007] KEHC 2161 (KLR)
✦ The court grants a preservatory order of injunction until the suit is heard and determined.
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David Kiambi M’rimberia v Nakuru Teachers Savings Credit Co-Operative Society [2007] KEHC 2605 (KLR)
✦ The application is dismissed with costs to the respondent
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KENYA AKIBA MICRO-FINANCE LIMITED v EZEKIEL CHEBII MOSES GITUMA 14 OTHERS [2007] KEHC 2809 (KLR)
✦ The applicants have no interest in the plaintiff's suit and therefore ought not to be enjoined in this suit.
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LYDIA MUTHONI v NGURU KAMANJA [2007] KEHC 132 (KLR)
✦ Application is dismissed with costs.
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David Mugo Mwangi v Elvis Kinyanjui Mburu [2007] KEHC 2623 (KLR)
✦ The appeal lacks merit and is hereby dismissed with costs to the respondent.
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ALFA MOTORS LIMITED v TOYOTA EAST AFRICA LIMITED [2007] KEHC 298 (KLR)
✦ The preliminary objection raised by Miss Malik is upheld, and paragraph 20 of Mr. Azim Taibjee's affidavit dated 14th May, 2007 is struck out.
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Ngotho Commercial Agencies Ltd v George Wanjuki Gethi [2007] KEHC 246 (KLR)
✦ The court set aside all orders and restrained the respondent from selling the applicant's household goods and motor vehicle through Lifewood Auctioneers pending the hearing and determination of the application.
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BENSON OYULE TOYA v KENYA POWER & LIGHTING CO LTD (Civil Suit 799 of 2001) [2007] KEHC 2807 (KLR) (25 May 2007) (Ruling)
✦ The application is dismissed as the Plaintiff has taken steps to ensure the matter is set for hearing and the suit has a hearing date
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JOHN MISOGA LWANGU & OTHERS v FORT PROPERTIES IMITED & 4 OTHERS [2007] KEHC 2152 (KLR)
✦ Defendants' applications for dismissal of the suit for want of prosecution are dismissed with no order as to costs. The plaintiffs are found to be indolent and do not deserve the costs of the applications.
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LYDIA MUTHONI v NGURU KAMANJA [2007] KEHC 1004 (KLR)
✦ The application is dismissed with costs.
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DAVID JONATHAN GRANTHAM & ANOTHER v NATIONAL SOCIAL SECURITY FUND [2007] KEHC 2810 (KLR)
✦ The application to amend the plaint is granted, and the plaintiffs are granted leave to file a compliant verifying affidavit.
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In re Estate of Njuguna Gitahi Nyamaundu (Deceased) [2007] KEHC 364 (KLR)
✦ The grant of letters of administration was not obtained through fraud and the estate should be distributed according to the provisions of the Law of Succession Act.
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PAUL MWANGI MWIRIGI v FRANCIS NYOIKE KARANJA [2007] KEHC 3636 (KLR)
✦ The court allowed the application to set aside the ex parte judgment and dismissed the application to stay the judgment.
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ALICE WANGARI WAIRIA v FRANCIS MUCHIRI WAIRIA [2007] KEHC 1852 (KLR)
✦ The court finds the petitioner's new application an abuse of court process and strikes it out with costs to the respondent.
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SANDEEP SINGH BENAWRA v SHIMMERS PLAZA LTD & ANOTHER [2007] KEHC 2690 (KLR)
✦ The plaintiff's application for injunctive relief and special damages is dismissed. The interim orders granted on 1.2.2007 are hereby discharged.