Kenyan case law

ALVIN MBAE & 2 OTHERS v KINYUA MUKETHA & 2 OTHERS [2008] KEHC 3427 (KLR)

✦ The application is dismissed with costs to the respondent.

PATRICK GITONGA MBAKA v BLUE SHIELD INSURANCE CO. LTD [2008] KEHC 3426 (KLR)

✦ The application is dismissed with costs to the respondent.

REGINA MUKUHI KINYUA v PRIVATE SECTOR FORUM LIMITED [2008] KEHC 1772 (KLR)

✦ The court grants the applicant leave to file an appeal out of time.

ADAM A. JILLO & another v GEORGE MWANGI & another [2008] KEHC 3205 (KLR)

✦ The application is struck out with costs to the Plaintiffs

Kenya Power & Lighting Company Limited v Mutava Nzanu Nguu [2008] KEHC 2931 (KLR)

✦ The appeal is allowed. The judgment by the trial court is hereby set aside with costs to the appellant.

Josiah Wanyika Karuga, t/a Tewan Plaza Hotel – Ol’kalau v Royal Media Services Ltd [2008] KEHC 2929 (KLR)

✦ The court awarded the plaintiff a sum of Kshs 600,000/= as general damages for loss of business, reputation, and suffering.

Mahmoud Shee Bwana v Justin Mwanyolo & 2 others [2008] KEHC 2465 (KLR)

✦ Orders are granted to demolish structures and restrain defendants from entering the suit premises.

BULLION BANK LIMITED v KISHORE SUNERJI ADESHARA & 2 OTHERS [2008] KEHC 3293 (KLR)

✦ The application is allowed, the suit against the 3rd Defendant is dismissed with costs and the Plaintiff to pay the 3rd Defendant's costs of the suit.

Chege Muraya v Rehema Noor & amother [2008] KEHC 2933 (KLR)

✦ The defendants' counterclaim succeeds, and they are declared the registered owner of Dundori Mugwathi Block 2/351. The plaintiff's claim is dismissed.

CHAWA FRANCIS ALIAS STEPHEN v REPUBLIC [2008] KEHC 1846 (KLR)

✦ The order was a bond, not cash bail, and the first accused should be released on a bond of Kshs 500,000/- with two Kenyan sureties.

CAROLINE KIBIWOTT & 4 OTHERS v MOI UNIVERSITY & 2 OTHERS [2008] KEHC 3167 (KLR)

✦ The court dismissed the appeal, finding that the university's fee increase was justified and that the plaintiffs had not attended the trial.

NGARI NDEGENYE v CHARLES GITHINJI & another [2008] KEHC 2092 (KLR)

✦ The court upholds the Preliminary Objection and declares that the suit has abated against the deceased party but may proceed with the 2nd Respondent who is alive.

KIMONDO GACHOKA & CO. ADVOCATES v JOAKIM KIARIE KAMERE T/A KIARIE KAMERE & CO. ADVOCATES [2008] KEHC 2710 (KLR)

✦ The court finds that the intended 2nd defendant is not a necessary party for the determination of the real matter in dispute and dismisses the application with costs to the plaintiff.

In re Estate of John Thuo Wanjohi (Deceased) [2008] KEHC 2594 (KLR)

✦ Letters of administration shall be issued to Hellen Muthoni Maina and one other administrator to hold the estate in trust for Stephen Wanjohi Thuo until he attains the age of majority. The applicant will receive 20% of the net estate.

Nancy Wamaitha Kamau v John Mukristo & another [2008] KEHC 3038 (KLR)

✦ Both defendants are found liable for the accident and jointly and severally responsible for the plaintiff's damages.

PERES AWITI OYAMO v OUMA KUMBA [2008] KEHC 3296 (KLR)

✦ The court held that the defendant has no lawful interest in the land and his occupation of the same renders him a trespasser. The caution lodged by the defendant is hereby discharged.

Jonathan Toroitich v Moses Lessonet & 2 Others [2008] KEHC 3916 (KLR)

Patrick Mwangi Irungu v Charles Macharia Mwangi & another [2008] KEHC 3023 (KLR)

✦ The court awards the plaintiff Kshs 3,206,480 in damages, including general damages, loss of future earning, costs of nursing care, and special damages.

JAMES MTOKA v ASSOCIATED MOTORS LIMITED [2008] KEHC 1781 (KLR)

✦ The court grants the applicant's application and allows the defendant to sell the plaintiff's motor vehicle by public auction.

BENSON KIBUGI RIGII v ANSELIMY AERODI ABENJIRA [2008] KEHC 3447 (KLR)

✦ The appeal is allowed, the ruling of the learned resident magistrate is set aside, the appellant's plaint is restored, and the suit proceeds.

PAUL KIRWA v JACKSON KIPLAGAT ARAP MELI & 5others [2008] KEHC 1816 (KLR)

✦ The suit will proceed in Nairobi and the plaintiff will bear the costs of travel and substances allowance of witnesses.

ALLOYSIUS MUTHIANI KIVUSYU v WILLIAM MWANZIA & another [2008] KEHC 3845 (KLR)

✦ The application to strike out the originating summons is granted to the extent of striking out prayers No. (b) and (d) of the originating summons dated 1st February, 2007.

KYANZAVI FARMERS COMPANY LTD v MANGU NGOLO [2008] KEHC 3125 (KLR)

✦ The court dismissed the application for interim injunction.

JACKSON NZOMO MUTISYA v SAMUEL NDIBA KIHARA & another [2008] KEHC 2834 (KLR)

✦ The Plaintiff's Application is allowed, and the suit should be allowed to proceed with the Plaintiff's application for leave to amend the Plaint within 7 days.

MWEA RICE GROWERS MULT-PURPOSE CO-OPERATIVE SOCIETY LTD v NGENYE KARIUKI & another [2008] KEHC 2301 (KLR)

✦ The court grants a stay of execution of the decree upon depositing Shs.1.5 million in an interest-earning account with a reputable bank in joint names of the plaintiff's and the respondents' advocates pending the hearing and determination of the appeal.