Kenyan case law
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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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Clement Otieno Okumu v Barclays Bank of Kenya Ltd & 2 others [2012] KEHC 2544 (KLR)
✦ The Court dismissed the application as the 2nd and 3rd Defendants had not demonstrated service of their Defence upon the Plaintiff.
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Overdrive Consultants Ltd v Kenya Power & Lighting Company Ltd & another [2012] KEHC 2516 (KLR)
✦ The Preliminary Objection is overruled with costs to the 2nd Defendant, and the Chamber Summons application will proceed for hearing on merit.
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In Re Estate of Caroline Adhiambo Obongo (Deceased) [2012] KEHC 2499 (KLR)
✦ The grant of probate to the petitioners is not revoked, but the grant is rectified to include the applicant as an administrator. The certificate of confirmation is set aside and a fresh application for distribution of the estate is ordered.
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Joseph Karisa Ponda v Jukana (K) Ltd [2012] KEHC 2367 (KLR)
✦ The Court declares that the Plaintiff is the owner of the plots No. 7103/1/MN and Plot No. 7104/1/MN, having acquired that ownership by way of adverse possession. The two properties shall be registered in the names of the Plaintiff.
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Damaris Wanthi Musyoka v Hussein Dairy Ltd & another [2012] KEHC 2514 (KLR)
✦ The court finds the plaintiff entitled to the relief sought in the plaint, including general damages, pain and suffering, and loss of amenities. The court awards Kshs. 1,364,000 in general damages.
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Dhajalala Bothers Ltd v Fredrick.M.G.Dzombo [2012] KEHC 2493 (KLR)
✦ The Appeal is dismissed with costs to the Respondent
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PETER MAINA MARGARET v MAGIC GENERAL CONTRACTORS LTD [2012] KEHC 148 (KLR)
✦ Judgment is entered for the Claimant as prayed for in the memorandum filed on 23.03.2010 and dated 16.03.2010. The Respondent shall pay costs of the cause.
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David Irungu v Mipet Kenya Limited & 2 others [2012] KEHC 2529 (KLR)
✦ The court grants a freezing order pending the hearing and determination of the suit.
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J.B. Maina & Company Limited v Farid M. AL-Maary & another [2012] KEHC 2520 (KLR)
✦ The court refused to dismiss the suit, finding that the practice of quota of cases to fix for hearing over a given period has been reversed and that the plaintiff did not wilfully fail to set the suit for trial.
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Josephine Njoki Mwangi (Suing as the Legal/Personal representative of the estate of the late Joseph Kiragu Muragu) v Housing Finance Company (K) Ltd [2012] KEHC 2532 (KLR)
✦ The plaintiff's application for a further interlocutory injunction is dismissed with costs to the defendant as it is an abuse of the court process.
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Ali Mohamed Msuo v Kenya Revenue Authority [2012] KEHC 2503 (KLR)
✦ The application for stay of proceedings is dismissed with costs to the respondent.
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Ravi Prinja Ahmed Nasser v Rozane Investment & another [2012] KEHC 2342 (KLR)
✦ The plaintiffs' ownership of the land was not challenged, and the sale was valid.
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Ephrahim Mutahi Mutundie v Town Council of Mariakani [2012] KEHC 2507 (KLR)
✦ The chamber summons application is dismissed with costs to the defendant. Subsisting interim orders are discharged.
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Koto Pamba & 8 others v H.M. Mohamed [2012] KEHC 2515 (KLR)
✦ The Court found in favor of the Plaintiffs, restraining the Defendant from evicting the Plaintiffs, transferring or dealing with the subject matter
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Rose Wanjiru Njeru v Water Recycling Limited [2012] KEHC 2501 (KLR)
✦ The court granted a stay of execution of the decree pending hearing and determination of an appeal.
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Charles Davy KipngetichArap Kirui v Wangethi Mwangi & another [2012] KEHC 2308 (KLR)
✦ The court awarded Kshs.800,000.00 as general damages for the injured reputation and hurt feelings, and Kshs.500,000.00 as aggravated damages.
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Beauta Anselmo Maali v Ethiopian Airlines Enterprises [2012] KEHC 2329 (KLR)
✦ The court allows Kshs.9,723,387.50 as loss of salary under prayer (a). Interest will run at court rates from the date of filing till payment in full. The plaintiff will have costs of the suit.
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Pascal Joseph Fondo v Bwana Bin Bwanaadi Bakari [2012] KEHC 2551 (KLR)
✦ The defendant is not dead, and the notice of appointment of advocate was signed by his son, Mohamed Bwana Bwanaadi Bakari.
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Salma Mohammed Abdulla v Sandeep Pravinchadra Shah [2012] KEHC 2521 (KLR)
✦ The court orders the transfer of the property to the Plaintiff within 14 days and authorizes the High Court Deputy Registrar to sign the transfer in the Defendant's absence.
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Equico Nine Limited v Africa Safari Club Limited & another [2012] KEHC 2534 (KLR)
✦ The amended plaint against the 2nd Defendant is upheld, and an injunction is granted against the 2nd Defendant with an undertaking as to damages.
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Cannon Assurance Kenya Limited v Shee Hamisi Mshipa & 3 others [2012] KEHC 2543 (KLR)
✦ The costs against the 1st Defendant will be taxed on the lower scale as the cause was compromised undefended.
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Charles Odongo Ngani v Milka Akinyi Otieno (Sued in her own right and as a Successor in Title and Legal Administrator of the Estate of the late Ongoma Ochuka [2012] KEHC 2169 (KLR)
✦ The court finds in favor of the applicant, allowing the application for interim injunction and temporary injunction, and orders that the respondent bear the costs.
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JOSEPHINE MORAA COSMAS V JOHN BOSCO MBOGA [2012] KEHC 1005 (KLR)
✦ The application is granted, and the applicant is given an opportunity to prosecute her case on merit in the interests of justice.
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ELLY KIPLAGAT CHUMA v REPUBLIC [2012] KEHC 2420 (KLR)
✦ The conviction and sentence for rape are upheld, but the sentence of 15 years imprisonment is reduced to 10 years imprisonment with no hard labor.