Kenyan case law
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Republic v Officer,Commanding Police Division Vihiga ex-parte Cleophas Omondi Abuom [2005] KEHC 1799 (KLR)
✦ The motion is dismissed with no order as to costs
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Moses Odhiambo Kokelo v Apollo Insurance [2005] KEHC 21 (KLR)
✦ The plaintiff's claim is upheld, and the defendant is ordered to pay the plaintiff for the loss of the vehicle.
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Joseph Gitau Waweru v Francis Muchai Karera [2005] KEHC 199 (KLR)
✦ The application is dismissed. The defendant's application is denied.
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REPUBLIC v CHAIRMAN MATUNGU L.D.T & 2 others [2005] KEHC 86 (KLR)
✦ The Matungu District Land Disputes Tribunal acted in excess of its jurisdiction and was not properly constituted. The Notice of Motion dated 15-3-2004 succeeds.
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Colour Print Limited v Pre-press Productions [2005] KEHC 1725 (KLR)
✦ The application is dismissed. The attachment against the defendant is not set aside, and the plaintiff is not entitled to costs.
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David Jonathan Grantham & another v National Social Security Fund [2005] KEHC 2580 (KLR)
✦ The court grants the plaintiffs' application for leave to amend the plaint and for leave to file an amended defence, but strikes off the amended verifying affidavit.
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Muriuki Ngure Munyi alias Karaya & another v Republic [2005] KEHC 1700 (KLR)
✦ The convictions are quashed and set aside, and the sentences are altered. Each Appellant is found guilty of robbery contrary to Section 296(2) of the Penal Code and sentenced to death.
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Joyce Mukuhi Njenga V Equity Building Society & & 2 others [2005] KEHC 603 (KLR)
✦ A mandatory injunction is granted compelling the defendants to restore possession of the property to the plaintiff and return all the doors removed on 28th February, 2005.
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Odieny Mbui v Veronica Yongo [2005] KEHC 2465 (KLR)
✦ The referral of the case to arbitration by the magistrate was illegal and unlawful, and the award is set aside.
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Pioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] eKLRPioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] KEHC 2319 (KLR)
✦ The court finds that it must set aside its order of September 23, 2004, to enable the parties to take fresh dates in the registry when the application dated October 7, 2003, should be heard and determined on merit by another judge in the Civil Division.
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Fredrick Mwenda v David Karimi Julius [2005] KEHC 2712 (KLR)
✦ The court denied the application for a stay of execution, as the applicant has not demonstrated that the sums of money to be paid will not be easily refunded if the Respondent is not a man of means.
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Alfred Sagwa Mdeizi t/a Medicare Nursing Home v national Hospital Insurance Fund [2005] KEHC 2326 (KLR)
✦ The prosecution proved malice and the existence of the property destroyed. The appellants' claim to the disputed land was not valid.
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Charles Corris Momanyi v Board of Governors Nyabururu Girls High School & 2 others [2005] KEHC 2336 (KLR)
✦ The Preliminary Objection is dismissed as the plaintiff moved the court and obtained an order extending time to file the suit before the suit was filed.
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Global Gases Kenya Limited v Kenya Power & Lighting Company Ltd (Civil Case 926 of 2002) [2005] KEHC 2159 (KLR) (Civ) (14 April 2005)
✦ The plaintiff is granted leave to amend its plaint to include its present residence.
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In Re the Estate of Winstone Onyango Orwenyo (Deceased) [2005] KEHC 2488 (KLR)
✦ The court finds that Monica Kerubo Mogire's application to annul the grant has not been proved, and the petitioner did not fail to disclose material facts.
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Kianjai Youth Polytechnic v Dickson Kauban Thuranira [2005] KEHC 2705 (KLR)
✦ The application for stay is refused due to the applicant's inappropriate conduct and the delay in the appeal process.
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Joyce Mukuhi Njenga v Equity Building Society & 2 others [2005] KEHC 2335 (KLR)
✦ The plaintiff is not entitled to the orders she seeks and her application is dismissed.
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Capital Fish (K) Ltd v William Mose Gechiko [2005] KEHC 2464 (KLR)
✦ The application for stay of execution of the lower court decree is allowed, subject to the applicant depositing the decretal amount and costs into an interest-earning account in the joint names of both advocates within 15 days.
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Niranjan Singh Chaggah v Satwant Singh Chaggah [2005] KEHC 2787 (KLR)
✦ The Grant of Probate is valid, and the applicant has no authority to dispose of the deceased's properties. The application is allowed, and the applicant is ordered to pay his own costs.
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E O N v M N [2005] KEHC 2893 (KLR)
✦ The marriage is dissolved, and a decree nisi is issued. The consent orders regarding custody, care and control of the children, access and maintenance are upheld.
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In Re the Estate of Ng'ang'a Kamau (Deceased) [2005] KEHC 188 (KLR)
✦ The Grant of Letters of Administration issued to Ronald Mwenda Ng'ang'a is revoked, and a fresh Grant of Letters of Administration is issued to Joyce Wanjiku jointly with Ronald Mwenda Ng'ang'a.
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John Arthur Kabiro Munga v Samuel Nganga Munga & another [2005] KEHC 2862 (KLR)
✦ The court denies the application for summary judgment and eviction, finding that the defendants are not the plaintiff's tenants and are not trespassers on the land.
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Muturia M’ithilai v Muriungi M’ekabu [2005] KEHC 2698 (KLR)
✦ The court dismissed the case due to the unclear and nonsensical nature of the plaint.
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Alfred Momanyi Risasi v Robinson Mecha Mabuka [2005] KEHC 2480 (KLR)
✦ The court dismissed the appeal and upheld the ex parte judgment
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Abishaghi Rufus v Francis Ireri Jotham (Civil Appeal 115 of 2001) [2005] KEHC 2479 (KLR) (13 April 2005) (Ruling)
✦ The application is dismissed in its entirety with costs to the respondent