Kenyan case law
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MUSILI KALEVE V JUMA SWALEHE NYUNI [2012] KEHC 2385 (KLR)
✦ The appeal is allowed with costs.
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ENOCK CHIRCHIR KATAM & 2 others v WILLIAM MAIYO & another (Civil Case 69 of 2006) [2012] KEHC 1387 (KLR) (5 September 2012)
✦ The court held that the defendant did not breach the contract and that the plaintiffs are not entitled to damages or other remedies.
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HEWET VOSENA KESUSA V REPUBLIC (Miscellaneous Criminal Appeal 160 of 2011) [2012] KEHC 2303 (KLR) (5 September 2012) (Ruling)
✦ The application for bail pending appeal is allowed, and the appellant is released on bond of Kshs 300,000/= with one surety of a similar amount pending the hearing and determination of his appeal.
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JOSEPH KHAMAISI & 2 others v CHARLES OKUMU [2012] KEHC 1381 (KLR)
✦ The preliminary objection is overruled, and the application for transfer is granted.
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SHIAWASE LIMITED & another v PIANESI GINO [2012] KEHC 5451 (KLR)
✦ The plaintiff's suit is struck out with costs.
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ALICE YANO PRACTISING AS OR T/A YANO & COMPANY ADVOCATES V KERIO VALLEY DEVELOPMENT AUTHORITY [2012] KEHC 1392 (KLR)
✦ The court ordered the defendant to refrain from closing down or distressing the plaintiff's office premises pending the hearing of the suit.
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JOSEPHAT KAMORI MACHARIA V KENYA KAZI SERVICES LTD & ANOTHER [2012] KEHC 2306 (KLR)
✦ The court dismissed the appellant's suit with no order as to costs but awarded him Kshs 30,000/= as ex-gratia payment and Kshs 17,946 being two months salary in lieu of notice.
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KIPRONO KIBOGY & ANOTHER V ANDREW KIPTOO [2012] KEHC 1393 (KLR)
✦ The court granted the plaintiffs' application for a permanent injunction restraining the defendant from interfering with the plaintiffs' rights as registered owners of the suit land.
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PHILEMON KIPLAGAT KIPRONO V WHEELER K. KENEI T/A GREEN ACRES PROPERTY SOLUTIONS [2012] KEHC 1394 (KLR)
✦ The application is allowed, and judgment is entered in favour of the plaintiff for Kshs. 1,032,000/- together with costs and interest.
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PETER KITHUKA MATOLO & 2 OTHERS V BENSON MUTUKU [2012] KEHC 5850 (KLR)
✦ The appeal is reinstated for hearing and the order of dismissal is set aside.
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JOB KENYANYA MUSONI V REPUBLIC [2012] KEHC 840 (KLR)
✦ The court finds that the prosecution has not established compelling reasons to deny the applicant's constitutional right to bail.
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REPUBLIC V MACHAKOS DISTRICT LAND DIPUSTES TRIBUNAL & 3 OTHERS EX PARTE MWIKALI MUEKE [2012] KEHC 2143 (KLR)
✦ The notice of motion dated 19th May 2009 is dismissed with costs to the Interested Party.
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PETER KITHUKA MATOLO & 2 OTHERS V SOMBA WAMBUA [2012] KEHC 5851 (KLR)
✦ The court sets aside the dismissal of the appeal and reinstates it for hearing.
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NICHOLAS PATRICE TABUCHE V ANSAZI GAMBO TINGA & 2 OTHERS [2012] KEHC 2345 (KLR)
✦ The application is dismissed with costs in the cause.
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ALLIANCE MEDIA (KENYA) LTD & ANOTHER V MAGNATE VENTURES LTD & ANOTHER [2012] KEHC 2539 (KLR)
✦ The ex-parte order issued on 15th August 2012 is set aside and discharged. The plaintiffs' suit is struck out and dismissed.
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KENYA INDUSTRIAL ESTATES LTD V MOHAMED ABDALLA & ANOTHER [2012] KEHC 2452 (KLR)
✦ The court allows the plaintiff's application for an interim injunction to restrain the defendants from trespassing onto and disrupting the construction of the coconut factory.
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JOSEPH MWANIA NGOLYA V REPUBLIC [2012] KEHC 1567 (KLR)
✦ The order for the case to start anew was made in error and is vacated. The case will be placed before another court of competent jurisdiction for further proceedings.
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Republic v Commissioner of Police Exparte Fazil Hammed [2012] KEHC 2510 (KLR)
✦ The judgment and orders of the court dated 29.9.2010 directing the release of the Mercedes Benz ML Chassis No. WDC1641862A220668 and Ranger Rover Chassis No. SALLSAA 137A997608 are set aside and vacated.
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MERRY BEACH LIMITED V ATTORNEY GENERAL & 17 OTHERS [2012] KEHC 1003 (KLR)
✦ The preliminary objections are not sustained, and a temporary stay of proceedings is ordered in eight suits pending the hearing and determination of the petition.
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Javan Lewa Muye v Shiva EnterprisesLtd & 2 others [2012] KEHC 2494 (KLR)
✦ The application to dismiss the Plaintiff's suit is allowed. The Plaintiff is given a chance to take reasonable steps to set down the case for hearing.
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Alfred Makango & 2 Others v Zablon Nthamburi & another [2012] KEHC 2488 (KLR)
✦ The Court set aside its orders issued on 25/8/2011 and granted the stay of execution of orders of 25/8/2011 pending hearing of the application inter-partes.
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National Housing Corporation v Chief Magistrate Court,Mombasa & 2 others [2012] KEHC 5499 (KLR)
✦ The court held that the Magistrate’s Court does not have jurisdiction over the case due to the value of the land exceeding the court's pecuniary limit.
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Kenusa Interlink Services & another v Mitsui OSK Lines Ltd & another [2012] KEHC 2447 (KLR)
✦ The application to strike out the suit is granted
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Glencore Grain Ltd v TS.S.S Grain Millers Ltd [2012] KEHC 5477 (KLR)
✦ The court dismissed the claimant’s application for and recognition and enforcement of the international award and allowed the Respondent's application, setting aside the Award.
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R. G. W. T. v A. A . O. T. [2012] KEHC 2508 (KLR)
✦ The court grants the Respondent's cross-petition for divorce on grounds of cruelty and adultery. The court orders the Petitioner to pay alimony of 500 Euros per month and to provide custody to the Respondent with visitation rights.