Kenyan case law

REPUBLIC v JUDICIAL COMMISSION OF INQUIRY INTO THE GOLDENBERG AFFAIRS: HON MR JUSTICE OF APPEAL S.E.O. BOSIRE, MR NZAMBA KITONGA, AND PETER LE PELLEY S.C. [2008] KEHC 2628 (KLR)

✦ The court allows the amendments to the Statement and Notice of Motion, finding that the amendments are necessary to meet the ends of justice and to avoid prejudicing the other party.

PIONEER HOLDINGS (AFRICA) LIMITED v INTRA AFRICA ASSURANCE COMPANY LTD [2008] KEHC 2403 (KLR)

✦ The Defendant's defense is not frivolous and the Plaintiff's claim is not allowed to proceed.

BARCLAYS BANK OF KENYA LIMITED v SPARKLE FOOD MANUFACTURERS LIMITED [2008] KEHC 1124 (KLR)

✦ The Appellant's appeal is allowed, and the judgment entered in favor of the Respondent is set aside. The case is ordered to go back for retrial before a different magistrate.

CAPITAL INSURANCE BROKERS LTD v NZOIA SUGAR COMPANY LTD [2008] KEHC 3207 (KLR)

✦ The court requires the Defendant to provide security by way of a deposit into court of KShs. 20,421,441/45 as a condition for the stay of execution of the decree pending disposal of the intended appeal.

AUGUSTINE KIMENTERIA NTHIGA v DAVID NDUBI STOWER (Civil Case 933 of 2002) [2008] KEHC 3203 (KLR) (23 May 2008) (Ruling)

✦ The application is dismissed with costs to the Plaintiff

MKULIMA CREAMERIES LIMITED v BROOKSIDE DAIRY LIMITED [2008] KEHC 2398 (KLR)

✦ The court vacates the order dismissing the Plaintiff's application and reinstates the suit for hearing.

DEE-EEM INVESTMENT LTD v M/S UKULIMA CO-OP SOCIETY & another [2008] KEHC 1126 (KLR)

✦ The application is dismissed with costs

Moses Kabithi Kamau v Kenya Commercial Bank Ltd (Kangema) [2008] KEHC 4029 (KLR)

✦ The application is dismissed but with no orders as to costs.

MARY NJERI KAMAU v NJOKI GITAU [2008] KEHC 2325 (KLR)

✦ Both parties should continue utilizing the plot on the ratio of 2:3 pending hearing of the final determination of the proceedings in the lower court.

KHALIF MOHAMED KHAMIS v ZARUM INVESTMENTS LTD [2008] KEHC 2569 (KLR)

✦ The motion for review is dismissed, and the motion dated 25.4.08 is ordered struck out with costs to the respondent.

In Re XK (A Minor) [2008] KEHC 2582 (KLR)

✦ The court authorizes the Applicants to adopt the child XK and directs the Registrar-General to enter the adoption in the Register of Adoptions.

ARISTOCRATS FOREX BUREAU LTD v NATIONAL BANK OF KENYA LTD & another [2008] KEHC 2404 (KLR)

✦ The court dismissed the plaintiff's claims, finding that the plaintiff failed to prove its case on a balance of probabilities.

Luke Cheruiyot & 37 others v National Oil Corporation of Kenya [2008] KEHC 1828 (KLR)

✦ The Defendant's Chamber Summons is granted, and the Plaintiffs' suit is struck out with costs.

MEDITERRANEAN SHIPPING CO. S.A. v KENYA PORTS AUTHORITY [2008] KEHC 2446 (KLR)

✦ The application is granted, and the draft amended defence is deemed as having been duly filed and served on the plaintiff

Elizabeth A. Omoro v Equity Bank Limited [2008] KEHC 2396 (KLR)

✦ The respondent is ordered to file and serve a statement of the outstanding loan balance on the first loan facility granted in pursuance to SM1 within 14 days of service of the applicants' undertaking. The applicant is required to file a second undertaking to liquidate the outstanding balance within 14 days of receipt of the statement. Upon compliance, the applicant is to deposit auctioneers charges and the vehicle is to be released upon an undertaking to keep it in good mechanical condition and not divest herself of its ownership.

JIMMY KAULU & 14 OTHERS v STANBIC BANK KENYA LTD. & 6 OTHERS [2008] KEHC 2488 (KLR)

✦ The court held that the Retirement Authority is the proper forum for the resolution of the dispute.

NECTEL (K) LIMITED v EASTERN AND SOUTHERN AFRICAN TRADE AND DEVELOPMENT BANK [2008] KEHC 2539 (KLR)

✦ The court grants the defendant's application for stay of proceedings pending arbitration.

PETER KAMAU JOSEPHAT v ATTORNEY GENERAL & another [2008] KEHC 2874 (KLR)

✦ The application is dismissed with no order as to costs

DANIEL OGOL & 2 others v JOEL OUMA MUMA [2008] KEHC 934 (KLR)

✦ The application is allowed in terms of prayer 4, 5 and 6 of the Notice of Motion dated August 3, 2007.

JOHNSTONE MUSAMALI WAKALIKHA v PATRICK M. WAKALIKHA & 3 others [2008] KEHC 2383 (KLR)

✦ The applicant's application is dismissed with costs to the defendants.

Nthiga Nkanga v Charles Nyaga [2008] KEHC 2570 (KLR)

✦ The appeal is dismissed with costs to the respondent as the consent to institute suit was not applied for and obtained, and merely pleading its existence in the plaint is not adequate.

Pascal Akongo Sihudu & 33 others v The Attorney General [2008] KEHC 2384 (KLR)

✦ The court strikes out the defective verifying affidavit and allows the plaintiff to file a proper one within 30 days.

M.N.M v E.M.M [2008] KEHC 2196 (KLR)

M.N.M v E.M.M [2008] KEHC 2023 (KLR)

✦ The marriage is irretrievably broken down due to desertion, and the Petitioner is granted a divorce and custody of the children.

MHM v NWCC [2008] KEHC 2020 (KLR)

✦ The application is dismissed with costs.