Kenyan case law

SAMSON M’ITWAMWARI MUMIIRA v JACKSON KIBETERU & ANOTHER [2007] KEHC 2561 (KLR)

✦ The appeal is allowed and the decree of the lower court is set aside with costs to the appellant.

BERNARD WAMENJU KABUGA v JOHN KIHENJO KANG’ETHE & ANOTHER [2007] KEHC 2399 (KLR)

✦ The Plaintiff's claim fails and the suit is dismissed with costs to the Defendants.

EDWARD KITHINJI RINJAUGU v ROSE WAKUTHI MWANGI NJUNU [2007] KEHC 2447 (KLR)

✦ The court dismissed the defendant's preliminary objection.

DELPHIS BANK LIMITED (Under Statutory Management) v SHIELD HIRE PURCHASE LIMITED & FOUR (4) OTHERS [2007] KEHC 3727 (KLR)

✦ The court dismissed the Plaintiff's suit with costs to the Defendants, finding that the Plaintiff had not proven its case on the balance of probability.

JOHN HARUN MWAU v STANDARD LIMITED & 2 OTHERS [2007] KEHC 2719 (KLR)

✦ The Defendants' Notice of Motion is dismissed with costs to the Plaintiff.

REPUBLIC v BENJAMIN OTWERE MTUKISA [2007] KEHC 1266 (KLR)

✦ The prosecution has not adduced sufficient evidence to enable this court put the accused on his defence. He is therefore acquitted of the charge of murder.

MORARA APIEMI & CO. ADVOCATES v DESHPAL SIAN SINGH & 2 OTHERS [2007] KEHC 3779 (KLR)

✦ The application is dismissed.

SAMSON KOILEL KIPAIN v REPUBLIC [2007] KEHC 2392 (KLR)

✦ Conviction quashed, sentence set aside

In Re NYAKIO INVESTIMENTS LTD [2007] KEHC 1845 (KLR)

✦ The court orders the winding up of the company as it is just and equitable to do so.

REPUBLIC v ISAAC ORAPA & 2 OTHERS [2007] KEHC 2429 (KLR)

✦ The accused are placed on their defense and informed of their rights, including the right to make an unsworn statement of defense, testify on oath, or remain silent.

MBUTHIA MUTHAMI & another v KAMAU MBUTHIA [2007] KEHC 2191 (KLR)

✦ The application is dismissed as the time for execution proceedings begins as of 2.12.2004, and the plaintiff was not at fault for the delay.

REPUBLIC v ISAAC ORAPA & 2 OTHERS [2007] KEHC 1297 (KLR)

✦ The accused are placed onto their defence on the charge of murder under section 306 (2) of the Criminal Procedure Code.

ERASTUS NDUNG’U CHARAGU v ELIJAH MARI MWAURA & 5 OTHERS [2007] KEHC 431 (KLR)

✦ Application granted, stay of execution of orders until compliance with judgment dated 20th November, 2002

EDWARD K. KIMUHU & 17 others v WERU WA MUTHURWA INVESTMENTS CO. LTD & 3 others [2007] KEHC 2223 (KLR)

✦ The application is dismissed as having no substance. The suit proceeds for trial.

ANDREW MUNYINYI & 2 OTHERS v KINUTHIA MUNYINYI IGOGO & ANOTHER [2007] KEHC 3614 (KLR)

✦ The preliminary objection based on the deceased status of the 1st defendant is overruled as it was not specified in an application and detailed facts were not deponed.

In Re Navindra Ramji Shah (Debtor) [2007] KEHC 2787 (KLR)

✦ The preliminary objection is overruled, and the Debtor is allowed to be represented by counsel.

REPUBLIC v OLOYOKIE OLOLOINYO [2007] KEHC 2552 (KLR)

MOHIDEEN GILANI v NADEEM SHAKOOR KHAN & another [2007] KEHC 524 (KLR)

✦ The application is dismissed with costs. The court declines to grant the interlocutory injunction and finds no merit in the prayer for security.

JOHN KARANJA WANJAU & 4 others v MAINA GITHAIGA & 7 others [2007] KEHC 2118 (KLR)

✦ The application is incompetent and struck out as it was not made within one year of the deceased plaintiff's death, and the court has not jurisdiction to revive the suit.

BENJA PROPERTIES LIMITED v SAVINGS AND LOAN (KENYA) LTD & ANOTHER [2007] KEHC 2703 (KLR)

✦ The court granted the application to extend the time for discovery.

JETLINK EXPRESS LIMITED v EAST AFRICAN SAFARI AIR EXPRESS LIMITED [2007] KEHC 692 (KLR)

✦ The court rejected the application to strike out the list of authorities and the skeleton submissions filed by the Defendant, and struck out the Defendant's further replying affidavit.

MOHAMED GULAMHUSSEIN FARZAL KARMALI & another v C.F.C. BANK LIMITED & another [2007] KEHC 2762 (KLR)

✦ The interlocutory injunction is reinstated subject to the Plaintiffs providing an undertaking for payment of damages by way of a Bank Guarantee for an amount up to Kshs. 5 Million within 21 days from today. The auction scheduled for 22nd May 2007 is hereby suspended.

HANNAH WAMBUI KIBE v MARGARET NJERI NJOROGE [2007] KEHC 2716 (KLR)

✦ The Plaintiff has acquired proprietorship of the suit premises by adverse possession and is entitled to be registered as the sole proprietor.

REPUBLIC v JOSEPH GATHII NDUNG’U [2007] KEHC 2736 (KLR)

✦ The accused is found guilty of murder and is convicted accordingly.

ATANASIO MWENDA v REPUBLIC [2007] KEHC 2813 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of death