Kenyan case law
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National Bank of Kenya Ltd v Ernest Kipkorir Kilel [2006] KEHC 2961 (KLR)
✦ Defendant's application is dismissed with costs
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Ashok Kumar Punja Shah v Liquidation Agent,Reliance Bank Limited & 6 others [2006] KEHC 2888 (KLR)
✦ The first instance judge did not make a specific or express order regarding the priority of the applications. The judge's order was merely a proposal and was not effectuated due to the judge's disqualification.
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PATRICK MWANGI MUNGAI V REPUBLIC [2006] KEHC 3130 (KLR)
✦ The proceedings were nullified due to the unqualified prosecutor's participation. The Appellant was set at liberty unless he is otherwise lawfully held.
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Gabriel Ndungu Githua v National Bank Of Kenya Ltd [2006] KEHC 3062 (KLR)
✦ The court held that an injunction should be granted to secure the suit property, but it should be conditional on the plaintiff paying Kshs.200,000 within 60 days.
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TERA WAIGWA WAIHENYA & DAN KAMUNYA WAIHENYA v CO-OPERATIVE BANK OF KENYA (Civil Case 673 of 2004) [2006] KEHC 2121 (KLR) (29 March 2006)
✦ The taxation of item No. 1 of the bill of costs is set aside and remitted back for taxation by another taxing officer.
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Peter Maina Kingori & Another v City Council of Nairobi [2006] KEHC 2630 (KLR)
✦ The application to join the second defendant is dismissed with costs
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Jarso Kuno Sora & another v Republic [2006] KEHC 2984 (KLR)
✦ The convictions for handling stolen property are quashed, and the appellants are set free.
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Jarson Kuno Soba & 2 others v Republic [2006] KEHC 2917 (KLR)
✦ All appeals are allowed, convictions quashed, sentences set aside, and appellants set free
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HENRY KORIR V REPUBLIC [2006] KEHC 3131 (KLR)
✦ The sentence of 21 years imprisonment is interfered with and the Appellant will now serve 10 years imprisonment with hard labour.
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Eng. Jonas John Myoya t/a Myomuwe Construction Co v Cheptais Farmers Co-Operative Society Ltd [2006] KEHC 3070 (KLR)
✦ Suit is transferred to Bungoma High Court
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Mohamed Shire Warsugi v Republic [2006] KEHC 2831 (KLR)
✦ The conviction is quashed and the sentence set aside due to lack of clear warning of the seriousness of the charge and the consequence of a plea of guilty.
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BENSON KANG’ETHE NJOROGE V REPUBLIC [2006] KEHC 3126 (KLR)
✦ The proceedings were a nullity due to the unqualified prosecution by a police constable. The conviction and sentence are set aside. A retrial is ordered.
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Judson Oriema Okoth & Another t/a Okoth & Kiplagat Advocates v National Housing Corporation [2006] KEHC 2978 (KLR)
✦ The application for stay of execution is dismissed with costs.
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Lucy Muthoni Ng'ang'a v Nyokabi Njuguna & 2 others [2006] KEHC 2913 (KLR)
✦ The defendants are ordered to vacate the suit premises within 21 days of service of the order. In default, eviction will be issued. The defendants will also pay the costs of the case.
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Jimoko Enterprises Ltd v Deposit Protection Fund Board As Liquidators of Middle East Africa Finance Co. Ltd & 2 others [2006] KEHC 3064 (KLR)
✦ The court granted the injunction to restrain the defendants from selling the property until the suit is heard and determined.
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Rose Chesang Barchok v William Cheruiyot Kirui [2006] KEHC 2989 (KLR)
✦ The court declares the marriage irretrievably broken down and dissolved.
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Peter Mwashi & another v Javan Mwashi & 4 others [2006] KEHC 2970 (KLR)
✦ The applicants' application is dismissed with costs to the 2nd and 3rd respondents as they have not met the criteria for restraining orders and did not comply with mandatory requirements.
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Elizabeth Chepkurui Chirchir v Esther Chekirui Mosonik & 2 others [2006] KEHC 2893 (KLR)
✦ The court disallows the application to have the arbitrator's award adopted as a judgment of the court. The court orders a caveat to be placed on the land parcels prohibiting any transactions pending the hearing of the objection proceedings.
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Ahmednasir Abdikadir & Company Advocates v National Bank Of Kenya Limited [2006] KEHC 2910 (KLR)
✦ The court finds in favor of the plaintiff and orders the defendant to pay the plaintiff the sum of KShs.8,840,877.40 and interest thereon.
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J B v J B [2006] KEHC 2988 (KLR)
✦ Marriage dissolved, custody granted to respondent, monthly maintenance ordered
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Joel Kipchirchir Kitur v David Kimutai Langat & another [2006] KEHC 2954 (KLR)
✦ The court ordered the defendants to vacate the land within 30 days or face eviction, and permanently restrained them from entering or occupying the land without the plaintiff's permission.
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Ngambi Muthira Meme v Patrick Musunga & another [2006] KEHC 2982 (KLR)
✦ The court revives the suit and grants substitution of the deceased plaintiff by the applicant.
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Ndafara Company Limited v Paul Kibugi Muite & 2 others [2006] KEHC 3072 (KLR)
✦ The plaintiff's claim is not time-barred as it was brought by a beneficiary under a trust.
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Boniface M. Kabaka v M.O. Mugasia & another [2006] KEHC 2538 (KLR)
✦ The plaintiff is entitled to damages sustained by him by reason of his wrongful exclusion from the service of the corporation from 14th February 1999 until the expiration of a notional one month notice the proper disciplinary procedures if followed, could have been concluded.
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Charles Muthoga Macharia v Francis Hezekiah Gichuki [2006] KEHC 2889 (KLR)
✦ The application is dismissed as improperly brought and the respondent is ordered to remove the structures on the access road to the applicant's land parcel within 21 days.