Kenyan case law
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BUDS & BLOOM LTD v LAWRENCE EMUSUGUT OBWA [2010] KEHC 505 (KLR)
✦ The application for stay of execution is dismissed, and the defendant/applicant is ordered to bear the costs.
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LUKA KITUMBI & 8 others v COMMISSIONER OF MINES & GEOLOGY & another [2010] KEHC 225 (KLR)
✦ The plaintiffs are the de facto owners of the land, and the Commissioner of Mines and Geology had no legal authority to grant the mining license.
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ABEL ABUNGA MWAMBI v REPUBLIC [2010] KEHC 864 (KLR)
✦ The appeal is allowed, the conviction for murder is quashed, and the appellant is ordered to be released from prison.
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REPUBLIC v LAND REGISTRAR IGEMBE SOUTH DISTRICT EX-PARTE ANDREW MEME MWIRERIA [2010] KEHC 261 (KLR)
✦ The application is dismissed with costs.
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D.T.H v G. M. F [2010] KEHC 1064 (KLR)
✦ The court grants the petition for divorce and orders the respondent to pay maintenance to the petitioner.
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REPUBLIC v ERIC OCHIENG OUKO & another [2010] KEHC 280 (KLR)
✦ The court held that the accused persons are not eligible for bail as there are no compelling reasons not to release them.
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MATHEW O. NYAKOLITA & another v SIPRA AKOTH ABOKA [2010] KEHC 286 (KLR)
✦ Affirm the trial court's finding of liability and uphold the award of Kshs.400,000 in damages.
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In Re Estate of DORCAS WANJIKU WANJAMA – (DECEASED) [2010] KEHC 1046 (KLR)
✦ The applicant’s application is dismissed with costs, and the succession proceedings are stayed pending the hearing of the summons for revocation of grant.
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ADIEL NYANGE v ANDRIANO NJOKA M’MUGO [2010] KEHC 80 (KLR)
✦ The court finds the respondent's application was timely served and the moratorium extended the proceedings, but the court's order dismissing the appeal was in error and is set aside.
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GATONGU FARMERS CO. LTD v AVTAR SINGH CHAUHAN & 5 OTHERS (Civil Suit 123 of 1998) [2010] KEHC 515 (KLR) (26 November 2010) (Ruling)
✦ The application for stay of execution of the judgment and decree pending appeal is granted.
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DENNIS MBOGHO APUDHO v REPUBLIC [2010] KEHC 1009 (KLR)
✦ The appeal is allowed, the conviction for murder and the sentence of death are set aside, and the appellant shall be tried de novo with the trial handled as a matter of priority.
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PAUL KAMAU MWANGI v REPUBLIC [2010] KEHC 498 (KLR)
✦ Conviction for defilement is quashed and sentence set aside. Appellant found guilty of attempted defilement and sentenced to 10 years imprisonment.
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MOSES KIPNGETICH CHERUIYOT v TEACHERS SERVICE COMMISSION [2010] KEHC 490 (KLR)
✦ The Plaintiff's dismissal was unlawful, and he is entitled to salary, pension, and other benefits from the Defendant, the Teachers Service Commission.
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JOHN KAMAU SAMSON KARIUKI v BARCLAYS BANK OF KENYA LTD [2010] KEHC 285 (KLR)
✦ The court finds that the Defendant complied with the court order and dismisses the application for review.
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ERNEST M. MUGAMBI R. IBURI v JACOB HENRY KIRIMI & another [2010] KEHC 235 (KLR)
✦ The judgment entered against the applicant was regular, and the applicant should be allowed to file a defence and be inhibited from selling the land parcels.
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JANE MARTHA NJERU v EUSTACE KENT NKONGE [2010] KEHC 79 (KLR)
✦ The application is dismissed as res judicata and the applicants have failed to demonstrate they are deserving of the prayers sought.
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JOHN KOLA AJODE v PETER MWANGI & another [2010] KEHC 394 (KLR)
✦ General damages awarded to the plaintiff and the estate of the deceased: Kshs.100,000/= and Kshs.100,000/= respectively. Special damages awarded to the plaintiff and the estate of the deceased: Kshs.4,100/= and Kshs.46,370/= respectively. Total award: Kshs.1,147,110/=. The award to the estate is to be shared among the survivors with the minors getting a bigger portion.
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E. W.K v S.F. M [2010] KEHC 1056 (KLR)
✦ The marriage is annulled, and a decree nisi dissolving the marriage is issued.
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MUMIAS OUT-GROWERS CO. (1998) LTD & another v CMC MOTORS GROUP LIMITED [2010] KEHC 406 (KLR)
✦ The court grants a temporary injunction against the defendant by itself, its officers, employees, servants and/or agents from attaching, repossessing and/or interfering with the use or possession of the plaintiff's tractors and/or properties pending further orders of the court.
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ANDREW NG’ANG’A KIARIE v SUSAN WAMBUI [2010] KEHC 1070 (KLR)
✦ The court directs the appellant to pay Kshs.18,000 to Elirama school and the remaining balance to the respondent. The Children's Court order is stayed pending the appeal.
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In Re Adoption of S.N.K (Minor) [2010] KEHC 1044 (KLR)
✦ The court allows the applicant's application to adopt the child S.N.K. The child will be known as S.N.K and M.W, the applicant's sister, will be appointed as her legal guardian. The Registrar General is directed to enter the adoption order in the Adoption Register.
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MURUNGI M’TUARUCHIU v EQUITY BANK & others [2010] KEHC 398 (KLR)
✦ The court finds no prolonged and inexcusable delay and dismisses the applications with no costs awarded.
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C.K. M v S.W.M [2010] KEHC 1059 (KLR)
✦ The petitioner established grounds for divorce and the marriage is annulled.
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KENYA ANTI-CORRUPTION COMMISSION v REBECCA NJERI KARANJA & 2 Others [2010] KEHC 675 (KLR)
✦ The court orders the 2nd defendant's defense to be struck out and judgment entered in favor of the plaintiff.
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REPUBLIC v GODFREY OKEMBA OLU [2010] KEHC 402 (KLR)
✦ The court granted bail to the accused.