Kenyan case law
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FIDELITY COMMERCIAL BANK LIMITED V AZIM JAMAL VIRJEE & 2 OTHERS [2009] KEHC 2471 (KLR)
✦ The court dismisses the Notice of Motion application with costs
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LEAH NYAGUTHII KAMUNYA v KENYA BROADCASTING CORPORATION [2009] KEHC 2723 (KLR)
✦ The court awards the Plaintiff Kshs.200,000/= for general damages for pain and loss of amenities.
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BILHA KAMWITHA v ISAACK KARIUKI KAMWITHA [2009] KEHC 2902 (KLR)
✦ No sufficient material has been placed before the court to warrant the granting of the prayers sought. Leave to file a fresh appeal out of time is hereby denied.
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DAMA CHARO v MUNICIPAL COUNCIL OF MOMBASA & 2 others [2009] KEHC 3150 (KLR)
✦ The court dismissed the plaintiff's claim for adverse possession and the injunction application.
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SAHRA HERSI ALI T/A BUNGOMA TOTAL SERVICE STATION v GEORGE LUKAS OTIENO [2009] KEHC 2565 (KLR)
✦ The appellant is liable to the respondent for special damages incurred in the accident
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REPUBLIC v PERMANENT SECRETARY MINISTRY OF STATE FOR DEFENCE [2009] KEHC 3342 (KLR)
✦ The court quashed the preferential treatment clause and prohibited the Respondent from using preferential consideration based on geographical proximity.
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LUCY MWENDWA MUURU v TONY GITHUKU [2009] KEHC 3553 (KLR)
✦ The Court strikes out the Plaintiff's plaint as she is not a spouse and cannot seek contribution or share for her financial contribution towards the acquisition of matrimonial properties.
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ANN WANJIRU NDIAGA & ANOTHER V SAMUEL NDIAGA MAINA & ANOTHER [2009] KEHC 2909 (KLR)
✦ The grant of letters of administration to the respondents is revoked
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FARIJALLAH H. AHMED v JAMEELA TAHERALI HASSANALI & 2 others [2009] KEHC 3280 (KLR)
✦ The application for a stay of execution is granted
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KAHINDI FUNDI MUKAMBA & 4 others v FLEETWOOD ENTERPRISES LTD [2009] KEHC 1474 (KLR)
✦ Preliminary Objection sustained on two grounds: (a) Affidavit of verification is sworn on behalf of individuals who have not authorized it, (b) Non-compliance with Order XXXVI Rule 3D (2) regarding the extract of Certificate of Title.
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LOISE WAMUYU MUCHIRI V GERALD WAMBUGU WANJIRU [2009] KEHC 2907 (KLR)
✦ The protest is dismissed. The suit premises are confirmed to the Petitioner.
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NYAMONDI OCHIENG-NYAMOGO & 2 OTHERS V THE CO-OPERATIVE INSURANCE CO. (K) LTD [2009] KEHC 2697 (KLR)
✦ The court grants the application for consolidation of the nine suits and stays the consolidated suits pending the hearing and determination of the references from taxation.
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JOHN WACHIRA WANGOMBE v CHARLES MUGAMBI WANGOMBE & another [2009] KEHC 2689 (KLR)
✦ The defendants are ordered to be evicted from the suit premises and to pay the Plaintiff damages for trespass in the sum of Kshs.150,000/=
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R.K.M v L.M.M [2009] KEHC 1178 (KLR)
✦ The court finds that the respondent treated the petitioner with cruelty and deserted him, leading to the dissolution of their marriage.
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BONIFACE NDUI & 9 others v FRANKLIN MAINA & 3 others [2009] KEHC 1896 (KLR)
✦ Leave is granted to the applicants to file judicial review proceedings for certiorari and prohibition as requested.
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COMMISSIONER OF LANDS V WAMBUGU MATHANGANI [2009] KEHC 2696 (KLR)
✦ The application is allowed in part, with the sum of Kshs.145,595,750/= to be deposited in court pending the hearing and final determination of the originating summons.
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MWENJA KABIA KIRUGUMI v ALICE MICERE MUGO [2009] KEHC 3417 (KLR)
✦ The appeal is dismissed with orders that each party bears its own costs.
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LUKE OBARE OWITI v REPUBLIC [2009] KEHC 1898 (KLR)
✦ Petition dismissed
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MUSTAFA ADEN GEDI v MOLEL ARAP KIRUI [2009] KEHC 3137 (KLR)
✦ The appeal is dismissed with costs for want of prosecution due to the appellant's failure to file a certified copy of the decree with the Memorandum of Appeal.
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ALICE KAVIA NYAGA V ABIUD NJUE [2009] KEHC 2905 (KLR)
✦ The application by the petitioner is allowed, and the judge's ruling and orders are set aside. The petitioner is ordered to move the court for the grant of letters of administration and then proceed to file the application for confirmation.
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NICHOLAS GITUHU KARIRA T/A M/S KARIRA & COMPANY ADVOCATE V KITALE MUNCIPIAL COUNCIL [2009] KEHC 2765 (KLR)
✦ The application is dismissed with costs to the Advocate/Applicant
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REPUBLIC v PHILIP KIPKEMOI LELE [2009] KEHC 3170 (KLR)
✦ The proceedings are declared irregular and struck out due to the repeal of Section 262 of the Criminal Procedure Code, which required trials before the High Court to be conducted with the aid of assessors.
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NECTOR LIYAI CHIVOLI & another v HUDSON NALWANG’A [2009] KEHC 3431 (KLR)
✦ The application is dismissed with costs to the Respondent.
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NEW KENYA CO-OPERATIVE V ASSISCO PHARMACY LTD [2009] KEHC 2770 (KLR)
✦ The application under consideration succeeds in its entirety
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In Re matter o f Les Belles Sauvages Limited v In the matter of Companies Act [2009] KEHC 3480 (KLR)
✦ The petition and verifying affidavit are struck out as the verifying affidavit was not filed within four days of the petition's presentation.