Kenyan case law
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Kenya Power & Lighting Co. Ltd v Osiemo Nyamweya Alex [2005] KEHC 2481 (KLR)
✦ The appeal is dismissed with costs. The magistrate's finding that the disconnection was unlawful is upheld. The special damages awarded are upheld.
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Paskwalina Murugi Ernest v Edward T. Mwirigi & Another [2005] KEHC 2714 (KLR)
✦ The court denied the application for a stay of execution.
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County Council of Meru South v Festus Munyua [2005] KEHC 2471 (KLR)
✦ The application for stay of execution is dismissed in its entirety with costs to the respondent
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Republic & 2 others v John Bundi Ngala Ex-parte John Bundi Ngala [2005] KEHC 152 (KLR)
✦ The application is dismissed with costs as the seizure was not illegal and the applicant's rights were not breached.
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Republic v Kwanza L.D.T. Comprising of Onyango Wao & 2 others ex parte David Gombe Wamuchiru [2005] KEHC 2784 (KLR)
✦ The Notice of Motion before the court is incompetent and is accordingly struck out with costs to the interested party.
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E O N v M N [2005] KEHC 197 (KLR)
✦ Marriage dissolved, decree nisi issued, to become absolute within one month. Consent orders for custody, care, control, access, and maintenance are upheld.
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Nyamira F.C.S. v The Chief Land Registrar & Another [2005] KEHC 2785 (KLR)
✦ The application is dismissed with no order as to costs
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Naftaly Murungi v Julius Mutwiri [2005] KEHC 2709 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Murimi Tumbo & 2 others v Republic of Kenya [2005] KEHC 2715 (KLR)
✦ The court prevents another trial on the same charge and facts and makes interim orders
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John Onyango Oyoo & 5 others v Zadock Syongo & 2 others [2005] KEHC 3196 (KLR)
✦ The application is dismissed
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Lazaro Kiruta Olentuytia v David Obunga Amolo [2005] KEHC 3244 (KLR)
✦ The appeal is dismissed with costs as the magistrate came to a right conclusion
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Paul Ojigo Omanga v Japhet Angila [2005] KEHC 2454 (KLR)
✦ The court vacated and discharged the orders of status quo and ordered the plaintiff to deliver vacant possession of the plot to the defendant.
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Mastermind Tobacco (K) Ltd v Felix Okello [2005] KEHC 2467 (KLR)
✦ The appeal is dismissed with costs. The award of general damages was not manifestly excessive. The magistrate did consider the defendant's submission.
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Ernest O. George Gikubu Mbuthia v Peter Njeru Mugo & 3 others [2005] KEHC 2178 (KLR)
✦ The attachment of the vehicle was completed on 23rd November 2004, and the registered owner as of that date was either Shabbir brothers or Mohamed Afzal. The objector, who registered the vehicle on 24th November 2004, must prove the basis of the transfer of the vehicle in its name.
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Raphael Wanjohi & another v Peter Kimonye [2005] KEHC 2422 (KLR)
✦ The application is dismissed as res judicata and the applicants are not entitled to the orders sought.
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Penina Obuya v Fredrick O Otisieno (Civil Appeal 4 of 2003) [2005] KEHC 1550 (KLR) (8 April 2005) (Judgment)
✦ The appeal is allowed, and the judgment of the Senior Resident Magistrate is set aside. The suit is dismissed.
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Salim Golamali t/a Kalenjin Auto Hardware v Lucas Okoa Nyangesa [2005] KEHC 1538 (KLR)
✦ The appeal is dismissed with costs to the Respondent, with the exception that the amount of Ksh.250,000/= should be reduced by 10% to Ksh.225,000/=
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Michael Oyugi & 4 others v Budalangi Lands Disputes Tribunal Ex-Parte Fred Okello Agenda [2005] KEHC 1824 (KLR)
✦ The motion is struck out due to the irregularity in the timing of the leave application and the motion filing.
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Emmanuel Egesa Wabwire t/a New Busia Maternity and Nursing Home v National Bank of Kenya Ltd [2005] KEHC 1755 (KLR)
✦ The court dismissed the plaintiff's claim regarding the execution of the charge document as it was not raised in the pleadings. The court also dismissed the defendant's counterclaim.
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Emmanuel Egesa Wabwire t/a New Busia Maternity and Nursing Home v National Bank of Kenya Ltd [2005] KEHC 1577 (KLR)
✦ The charge was not properly executed as it was signed by the plaintiff alone without the presence of the bank attorney, contrary to the provisions of Section 109(2)(b)(1) of the Registered Land Act.
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John Oduka Makaya v Anzelimo Calisto Ouma [2005] KEHC 1681 (KLR)
✦ The appeal is dismissed. The trial magistrate's decision to order the District Lands Registrar and the government surveyor to ascertain the situation on the ground was not erroneous.
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BJN v GWN (Civil Appeal 46 of 2003) [2005] KEHC 2722 (KLR) (Family) (8 April 2005) (Judgment)
✦ The court upheld the custody award to the respondent and granted the appellant access to the children.
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IN THE MATTER OF ESO- MINOR [2005] KEHC 2664 (KLR)
✦ The court orders that ESO be adopted by MCL and EMLNO, and be renamed ESO-L.
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Republic v Chief of Ageng’a Location & 3 others [2005] KEHC 395 (KLR)
✦ The court allows the motion for certiorari and quashes the decision made by the chief registrar without jurisdiction.
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Benson Makutwa v Agnes Khisa (Civil Appeal 12 of 2003) [2005] KEHC 2115 (KLR) (8 April 2005) (Judgment)
✦ The appeal is allowed, and the judgment of the senior resident magistrate is set aside. The respondent is awarded the land and costs of the appeal.