Kenyan case law

Mugoya Construction & Engineering Ltd v National Social Security Fund Board of Trustees (NSSF & another) [2005] KEHC 2609 (KLR)

✦ The court orders that the plaintiff and its employees be allowed access to their site office and equipment until further orders.

A.J. Limited & another v Catering Levy Trustees & 3 others [2005] KEHC 2657 (KLR)

✦ The preliminary objection to the verifying affidavit and the suit was dismissed.

Lazarus Mukuta Kaleve v Philip Ngili Muthunga & another [2005] KEHC 901 (KLR)

✦ The application for transfer is granted, and the case will be transferred to Machakos Chief Magistrate's Court for the application dated 10.1.2005 on merit and any other application that may follow. The applicant will bear costs of the application dated 3.2.2005.

Nicholas Kinyua Mbui v Nyeri Motors Services Ltd [2005] KEHC 2316 (KLR)

✦ The court finds in favor of the plaintiff, awarding damages for breach of contract and loss of use of the vehicle.

Mugoya Construction & Engineering Ltd v National Social Security Fund Board of Trustees (NSSF & another) [2005] KEHC 2499 (KLR)

✦ The court orders that the plaintiff and its employees be allowed access to their site office and equipment until further orders.

E K O v H O O [2005] KEHC 2835 (KLR)

✦ The court finds the marriage has broken irretrievably due to desertion and dissolves the marriage.

Simon Kiarie v Samwel Muigai Thuku [2005] KEHC 2617 (KLR)

✦ The appeal is allowed, and the decree of the lower court dismissing the Plaintiffs' suit is set aside. A decree in favour of the Plaintiffs against the Defendant on liability is substituted.

Nicholas Kinyua Mbui v Nyeri Motors Services Ltd [2005] KEHC 2629 (KLR)

✦ The court finds in favor of the plaintiff, awarding damages for the breach of contract and loss of use of the vehicle.

James Kaberia M’Itobu v Republic [2005] KEHC 2548 (KLR)

✦ The court upheld the appellant's conviction for attempted murder.

Diamond Trust Bank of Kenya Ltd v Mohammed Noor Ahmed [2005] KEHC 2508 (KLR)

In Re: JNM (Deceased) [2005] KEHC 13 (KLR)

✦ The court found that the deceased was capable of writing the will, that the will was properly attested, and that it was not a forgery or subject to undue influence. The court also found that E M, M, and N are dependants and should be provided for.

Market Masters Limited v Inch of Gold (K) Ltd & 20 others (Civil Case 417 of 2000) [2005] KEHC 2163 (KLR) (Civ) (21 April 2005) (Ruling)

✦ The judgment and orders entered on 9th April, 2003 are set aside, and the application for summary judgment is fixed for hearing inter partes.

Jeremiah Wachira Ichaura & 8 others v Nation Media Group [2005] KEHC 3217 (KLR)

✦ The Defendant is found negligent and ordered to pay special and general damages to the 1st to 5th Plaintiffs

Kenya Re-Insurance Corporation v Justus Gachimu Ngunia & another [2005] KEHC 2182 (KLR)

✦ The suit should proceed against both Defendants at the same time, and the Plaintiff's counsel should decide how to proceed with the suit against the 2nd Defendant.

Republic v Nakuru Water & Sewarage Services (Ministry of Environment & Natural Resources)& 2 others ex- parte Londra Ltd [2005] KEHC 2827 (KLR)

✦ The court granted the application for an order of certiorari to quash the decision to disconnect and/or block the applicant from the Nakuru Municipal Council main sewer lines.

Republic v M M [2005] KEHC 1043 (KLR)

✦ The court finds that the prosecution has not established a prima facie case to warrant the accused to be called upon to defend himself. He is acquitted.

Mburu Karanja v Moses N. Mungai [2005] KEHC 2807 (KLR)

✦ Plaintiff's claim of adverse possession is dismissed.

Patrick Thuo Gitandu v Zahir Sheikh & 2 others [2005] KEHC 1488 (KLR)

✦ The application for a Receiver is dismissed, but the Plaintiff is restrained from disposing of the property or transferring it to anyone else.

Akharali Karim Kurji & another v British Airways Plc Ltd [2005] KEHC 2674 (KLR)

✦ General damages of Shs.50,000/= awarded

Peter Smith Ndile v Obadiah Kamande Mwangi & another [2005] KEHC 317 (KLR)

✦ The court refuses to strike out the plaintiff's suit and dismisses the application, holding that the plaintiff has raised triable issues and the case should proceed to full trial.

James Maina Mwangi v Nademi Mohammed [2005] KEHC 2834 (KLR)

✦ The defendant is directed to hand over the logbook for motor vehicle registration No. KAQ 479T to the plaintiff within 30 days from today. The defendant is liable for general damages for breach of contract Kshs.180,000 (at the rate of Kshs.3,000 for 60 days). The plaintiff is entitled to costs in any event.

Republic v Permanent Secretary Office of the President & 2 others [2005] KEHC 966 (KLR)

✦ The preliminary objection is rejected and dismissed with costs to the applicant.

LEONARD N. K. MOSS V VILLA CARE LIMITED & ANOTHER [2005] KEHC 3074 (KLR)

✦ The application is dismissed with costs to the respondents. The plaintiff is only entitled to pursue a claim for damages under Section 26 of the Auctioneers Act.

Ng’olwa Mwaine v Alexander Kimathi M’Ithili & another [2005] KEHC 2450 (KLR)

✦ The applicant should be allowed to prove her application to be joined as a party in the suit.

E.A.T.E.C. Limited & another v Festo Ahanza Angosi [2005] KEHC 465 (KLR)

✦ The application to dismiss the appeal for want of prosecution is struck out with costs.