Kenyan case law
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Mutuku Mutingaa & another v Joreth Limited & 3 others [2010] KEHC 3139 (KLR)
✦ No substantive ruling can flow from the material before the court as at this point, and oral evidence will be adduced by all parties.
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Emmanuel Wenani t/a Namorome Enterprises & another v Kenya Commercial Finance Co Ltd & another [2010] KEHC 2651 (KLR)
✦ The defendants are entitled to strike out the amended pleadings and the amended plaint as they were filed out of time and were an abuse of the court process.
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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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PINNACLE PROJECTS LTD. v DICKSON MATU [2010] KEHC 2583 (KLR)
✦ The application succeeds and the applicant is granted leave to appeal.
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Phanice Akwenao Aboyeka v Musa Omoto Oochomo [2010] KEHC 2766 (KLR)
✦ The court grants prayer (b) of the application, revoking/cancelling the subdivision of the plot, and orders the third parties to pay the costs of the application.
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Mohamed Yeslam Awadh v Juma Ngao [2010] KEHC 3007 (KLR)
✦ The defendant is a trespasser on the suit land and the plaintiff is the registered proprietor.
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Jean Omoyo Iraru & another v Humphrey Ejilong Esuba & 5 others [2010] KEHC 2773 (KLR)
✦ The application is granted as prayed. The respondents shall bear the costs of the application.
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Charles Orango Nyambeta v Jerusha Nyaboke Matara [2010] KEHC 2760 (KLR)
✦ The court dismissed the preliminary objection and upheld the appellant's claim to the land.
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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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ALFRED MOGIRE MATIABE v REPUBLIC [2010] KEHC 2752 (KLR)
✦ The conviction is upheld, and the sentence is affirmed.
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Jeconia Otieno Obongo v Michael Ouma Yaoke [2010] KEHC 2730 (KLR)
✦ The court sets aside the award of Kshs. 70,000 and awards Kshs. 250,000 as general damages
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Kensilver Express Ltd v Josephat Marangu [2010] KEHC 3020 (KLR)
✦ The appeal is dismissed with costs to the respondent. The application is hereby dismissed.
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Lucy Rwamba Njuki v Irene Njoki Njuki [2010] KEHC 3021 (KLR)
✦ The application dated 13/10/2009 has merit, and the plot No. GATURI/GITHIMU/T2250 should revert to the names as they appear in the certificate of confirmation dated 25/9/2001.
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PAUL OWINO OBWANDA V STEEL MAKERS LTD [2010] KEHC 3051 (KLR)
✦ The court finds the respondent (Steel Makers Ltd) responsible for the accident due to negligence in directing the appellant to lift the metal rod without ensuring safety.
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Rispar Kerubo Onsare & another v Credit Bank Limited [2010] KEHC 2580 (KLR)
✦ Order 1 of the application by Notice of Motion dated 3rd February, 2010 is hereby granted as prayed.
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MARY WAMBUI MUNGAI v DAVID MBATIA KAMAU [2010] KEHC 2558 (KLR)
✦ The application is granted, the defence is struck out, and judgment is entered against the defendant.
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Benson Njugua Njoroge v Republic [2010] KEHC 3215 (KLR)
✦ The fine of Shs 10,000/= is quashed and replaced with a fine of Shs 3,000/=, and the default sentence of 6 months imprisonment is confirmed if the Accused fails to pay the fine.
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ONGERA MATARA v PIRIAH ONGERA [2010] KEHC 2728 (KLR)
✦ The grant of letters of administration to the petitioner is annulled, and the petitioner is ordered to bear the costs of the proceedings.
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Robert Amukmbwa Andika v Benina James Machengo [2010] KEHC 2774 (KLR)
✦ The grant of letters of administration to Andika is upheld
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JORUTH ENTERPRISES LIMITED v GROFIN KENYA LIMITED & 2 others [2010] KEHC 2586 (KLR)
✦ The application is dismissed with costs to the respondents.
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MARA CONSERVANCY v COUNTY COUNCIL OF TRANSMARA [2010] KEHC 2735 (KLR)
✦ The court held that the plaintiff's application for interim measures of protection was valid under Section 7(1) of the Arbitration Act, 1995, and that the dispute must be left to arbitration.
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DANIEL WALTER RASUGU OMARIBA v JOHANA NYOKWOYO BUTI & another [2010] KEHC 2674 (KLR)
✦ The court dismissed the appeal, holding that the court did not have jurisdiction to review the tribunal's award and that the appellant did not file the appeal with leave of the court.
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Malike Co Ltd v Attorney General [2010] KEHC 4131 (KLR)
✦ The suit is struck out as it contravenes section 168 of the Insurance Act
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C O O & another v S O W [2010] KEHC 4140 (KLR)
✦ The court held that Veronica did not leave a wish for her place of burial, and there is no Luo customary law that requires a husband to bury his wife. The defendant has no duty to bury Veronica, and the parties did not submit to arbitration.
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J.V.C v V.K.C [2010] KEHC 36 (KLR)
✦ The court granted the divorce and awarded custody to the petitioner.