Kenyan case law
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Lawe Investments Limited & another v National Bank of Kenya Ltd & 3 others [2010] KEHC 2643 (KLR)
✦ The suit is hereby dismissed with costs.
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A M v M M [2010] KEHC 2344 (KLR)
✦ The appeal is incompetent due to lack of leave and jurisdiction. The court can stay maintenance orders under the Children Act.
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BERNARD NJUE MBOGO V PETER NJERU MUGO P. N. MUGO ADVOCATES [2010] KEHC 2974 (KLR)
✦ The court held that the sum of Ksh. 668,423/= is not payable to the plaintiff and that the plaintiff is not entitled to costs of the originating summons.
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OMAR DIKA GOA & ANOTHER v REPUBLIC [2010] KEHC 2698 (KLR)
✦ The convictions are quashed and the appellants are acquitted.
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Patrick Nyaga Muratha v Republic [2010] KEHC 2461 (KLR)
✦ We find and hold that the learned trial magistrate came to the correct decision. We confirm the judgment and conviction and sentence of the lower court and dismiss the appeal.
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Peninah Wambui Mugo v Moses N Kamau & another [2010] KEHC 2466 (KLR)
✦ The application to strike out pleadings is dismissed with costs.
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Elijah Mahiga Gakuru v Mary Wambui Macharia [2010] KEHC 2870 (KLR)
✦ The grant is confirmed as proposed in the affidavit of protest, and the protest is found to be with merit. The protestor is entitled to an additional 1.2 acres to be excised from LR No. Konyu/Gachuku/163, making the remainder 1.7 acres go to the applicant.
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In re Samuel Gitau Njenga; Antony Mwondu Maua (Ex-Parte) [2010] KEHC 2454 (KLR)
✦ The petition should proceed to its full course to determine whether to adjudge the petitioner bankrupt.
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JAMES KURIA MAINA, SAMUEL MBOGO KAIGUA & GODFREY WAITHAKA v KAIGUA MBOGO, WILSON GITAU KAIGUA,STANLEY MUIGAI KAIGUA, JOHN KIHONGE KAIGUA & MARY WAMBUI KAIGUA (Civil Case 64 of 1986) [2010] KEHC 3223 (KLR) (16 April 2010) (Ruling)
✦ The motion is res judicata and is struck out and dismissed with costs to the Respondents.
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Obaga & Company Advocates v Kipkebe Limited [2010] KEHC 2663 (KLR)
✦ Judgment is entered for the advocate in accordance with the taxed costs and the advocate is at liberty to institute execution proceedings against the client.
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Beatrice Wanjugu Mwaniki v Francis Mwaniki Njogu [2010] KEHC 3245 (KLR)
✦ The application is allowed with costs to the applicant.
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Kenya Christian Industrial Training Institute v Abdulahi Mohammed Hussein [2010] KEHC 3167 (KLR)
✦ The court will not grant the application to amend the prayer in the suit but will allow the Plaintiff 7 days to make the appropriate formal application to amend its pleadings. The Defendant has 14 days to respond to the application. The court will not grant the application for a temporary injunction.
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Margaret Kagure Maina v Charles Kimotho Maina & another [2010] KEHC 2987 (KLR)
✦ The deceased shared out his property during his lifetime save for Nyeri/Endarasha/1276 and Nyeri/Endarasha/1792-1828. Jacob Kinyua Maina was given land in Naromoru.
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REPUBLIC v KISUMU DISRICT LANDS OFFICER & another [2010] KEHC 2873 (KLR)
✦ The court quashed the decision of the District Land Registrar and ordered the costs to be provided for the applicant.
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KENYA FARMERS ASSOCIATION LTD & 3 others v DISOLVED BOARD OF DIRECTORS OF K.F.A. & 16 others [2010] KEHC 2448 (KLR)
✦ The suit is struck out with costs to the defendants due to lack of locus standi and the issues being res judicata.
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Mowlid Mohamed Yusuf, Abey Noor Bulle, Mohamed M Dahir, Omar A Hassan, Ahmed Daud Sheikh, Mohamed Salat D, Ahmed Daule Hassa, Jelle Mude G, Ali Adan Abdullahi, Ali Ahmed Mohamed, Mohammed Nur Mahat, Hassan Osman Saman, Ali I Abdi, Mohamed D Elmoge, Abdikheir M Agmadege, Muyihadin Mohamed Abdi, Ibrahim A Sheikh, Hussein H Barrow, Yussuf N Hussein, Osman Aliiye, Ahmed O Abdi, Musa S Hussein, Noor A Madey, Hassan M Ibrahim, Ibrahim M Ahmed, Siyad M Arale, Mohamed S Abdinoor, Mohamed Noor Abdi Ismail & Abdirahman Tawane Abdi v Kenya National Examination Council (Civil Case 133 of 2008) [2010] KEHC 2943 (KLR) (Civ) (15 April 2010) (Ruling)
✦ The court held that the KNEC's conduct in the administration of the KCSE examination was not in accordance with the law and violated the plaintiffs' rights.
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KORA CONSTRUCTION COMPANY & THREE OTHERS vTHE CO-OPERATIVE BANK OF KENYA & ANOTHER [2010] KEHC 2770 (KLR)
✦ The application is dismissed with costs to the respondents.
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Beatrice Chebendi Henry v Nelson Mikiti Maruti & another [2010] KEHC 2311 (KLR)
✦ The court allows the application and orders that Ndiwa Nelson Maruti be substituted as the objector in place of his deceased father, Nelson Mikisi Maruti.
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Naftal Sakwa Opanda v Nicholas Josephat Opanda [2010] KEHC 2771 (KLR)
✦ The objection filed on February 10, 2009 is dismissed. The application for confirmation of grant dated November 24, 2009 is granted as proposed. The grant issued on June 6, 2008 is hereby confirmed.
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o.m.n v wilson kamau kanyingi [2010] KEHC 3096 (KLR)
✦ The court awards Kshs.1,750,000 in general damages for pain, suffering, and loss of amenities.
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James Ngethe v Margaret Akhonya & another [2010] KEHC 2755 (KLR)
✦ The court grants the application for an order of stay of execution on condition that the applicant provides security by depositing KShs.400,000/= in court within 45 days from the date of delivering this ruling.
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Gladys Nang'unda Wekesa v John Wafubwa Sichangi [2010] KEHC 2761 (KLR)
✦ The court found that Sichangi is not the deceased's son and restrained him from dealing with the estate.
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Christine Makokha Waswa v Fredrick Wekulo Wanyama [2010] KEHC 2700 (KLR)
✦ The petitioner is entitled to inherit two (2) acres from the estate, and the estate should be distributed as proposed by the petitioner.
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Republic v Chairman Matungu L D Tribunal Ex-parte Muchelule Kutundu & another & 2 others [2010] KEHC 2322 (KLR)
✦ The preliminary objection is misplaced and is dismissed.
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MORIK TELECOMS LIMITED v TELKOM KENYA LIMITED [2010] KEHC 2541 (KLR)
✦ The court granted the plaintiff's request for arbitration and ordered each party to bear their costs.