Kenyan case law

MATHEWS SANKOK SHOMPA v KENYA COMMERCIAL BANK LIMITED & 3 others [2006] KEHC 2673 (KLR)

✦ The suit is dismissed for want of prosecution

JOYCE WANGECI KIBOI v JECINTA MUTHONI MBURU & another [2006] KEHC 2579 (KLR)

✦ The consent order is set aside as it was recorded without the Plaintiff's instructions and the Defendant's advocate was not enrolled to practice.

NALIN NAIL WORKS LIMITED (IN RECEIVERSHIP) v CITY COUNCIL OF NAIROBI [2006] KEHC 2581 (KLR)

✦ The Court grants the temporary injunction, finding the Plaintiff has established a prima facie case and risks irreparable loss.

MEA LTD v GITITU COFFEE GROWERS CO-OPERATIVE [2006] KEHC 2191 (KLR)

✦ The applicant's application is dismissed as defective.

REPUBLIC v SURBODINATE COURT OF THE 1ST CLASS MAGISTRATE AT CITY HALL, NAIROBI & another Ex-parte YOUGINDAR PALL SENNIK & another [2006] KEHC 2586 (KLR)

✦ The charges are quashed, and the proceedings are removed into the High Court.

JANE WANJIRA KAMAU v MUSA K. KIPKIOS (? 491 of 2005) [2006] KEHC 2131 (KLR) (28 April 2006)

✦ The case should be transferred to the High Court

Republic v Minister For Local Government & 5 others ex parte Taib (2008) 3 KLR (EP) 208 [2006] KEHC 3541 (KLR)

Republic v Minister for Agriculture; W'Njuguna & 8 others (Ex parte) (Miscellaneous Civil Application 621 of 2000) [2006] KEHC 3504 (KLR) (Judicial Review) (28 April 2006) (Judgment)

✦ The instruction fee of Kshs.20,000,000 on item No. 1 of the bill of work done was upheld.

ALIBHAI SHARIFF & SONS LTD v TECHNICAL TRADING COMPANY LTD [2006] KEHC 2620 (KLR)

✦ The judge denied the application for stay of execution, finding that the defendant can repay the decretal sum and that the appeal will not result in irreparable loss.

Loghan Njenga Waweru v Damaris Muga Kamure & another [2006] KEHC 2190 (KLR)

✦ The Court declared that the Plaintiff is the rightful owner of the land parcel Molo South/Langwenda Block 12/423 and ordered the cancellation of the title deed issued to the Defendant and the issuance of a new title deed to the Plaintiff.

EUNICE SOKO MLAGUI v SOFTWARE APPLICATION LIMITED [2006] KEHC 2677 (KLR)

✦ The court finds that the co-shareholders are in contempt of court and grants the plaintiff's application.

MBUGUA & MBUGUA ADVOCATES v MADISON INSURANCE COMPANY LIMITED [2006] KEHC 2672 (KLR)

✦ Judgment is entered for the applicant for Kshs 32,635 and costs of the Notice of Motion are awarded.

Parvi Holdings Ltd v Nairobi City Council [2006] KEHC 2652 (KLR)

✦ The Court grants an injunction restraining the defendant from leasing the premises pending the hearing of the main suit.

MUKUA TUTUMA v ALEX MUNENE TUTUMA & another [2006] KEHC 1182 (KLR)

✦ The court dismissed the plaintiff's application for an injunction and found that the plaintiff had no remedy against the 1st defendant. The court also ruled that the plaintiff should bear the costs of the suit.

OKWARO GEORGE WILLIAM v REPUBLIC [2006] KEHC 2590 (KLR)

✦ The conviction is safe and cannot be challenged. The appeal is dismissed.

K-REP BANK LTD v FRANCIS NGIGE NYOIKE & 2 OTHERS [2006] KEHC 2621 (KLR)

✦ The application for stay of proceedings is dismissed with costs to the respondent.

Assumption Sisters Of Nairobi Registered Trustee v Stanley Kebathi, Arbitrator & another [2006] KEHC 2666 (KLR)

✦ Allow the application to set aside the order dismissing the suit and reinstate the case for hearing.

Palace Drycleaners Ltd & another v Kenya Power & Lighting & Co Ltd [2006] KEHC 2667 (KLR)

✦ The Ruling is valid and dated, and the application to set it aside is dismissed.

NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEE v ANKHAN HOLDING LIMITED & 2 others [2006] KEHC 2655 (KLR)

✦ The Plaint is struck out

RAIPLYWOODS (K) LIMITED v HENRY TONGOLA OTIPA [2006] KEHC 2689 (KLR)

✦ The appeal is dismissed with costs as the appellant appears not to be serious in prosecuting the appeal and did not comply with court orders.

CHARLES KARUGA WAHOME v REPUBLIC [2006] KEHC 1555 (KLR)

✦ The court allows the application and orders the applicant to be released on bail pending appeal.

Prisca Njoki Chomba v Charles Mwangi Chomba [2006] KEHC 2681 (KLR)

✦ The application to have the suit/purported appeal filed herein by the respondent struck out as scandalous, frivolous and or vexatious and disclosing no reasonable cause of action and also being an abuse of the court process is disallowed.

BARBRA OTUNGA-MOHAMED v AHMED MOHAMED ALI [2006] KEHC 2618 (KLR)

✦ The court dismisses the petitioner's claim of adultery with Ledicia, finding that the petitioner condoned the alleged affair. The court orders the respondent to provide maintenance for the child and grants the petitioner's request for alimony.

ESTHER MUTHONI KURIA v FRANCIS KIMANI KURIA & another [2006] KEHC 2608 (KLR)

✦ The application for dismissal of the respondents' summons for revocation of the grant is dismissed.

MUTHIGANI GITHETE MUTHIGANI v GRACE NYAMBURA NGUGI [2006] KEHC 2609 (KLR)

✦ The application for revocation of the grant of letters of administration is granted.