Kenyan case law
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JOHN KIPKEMOI TONUI & 2 others v SAMWEL TONUI & another [2009] KEHC 1892 (KLR)
✦ The application for an injunction is dismissed with costs, and the applicants should proceed to the main suit on the defendants being served.
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PAUL KARIMI GATITHI v LAKE KENYATTA WATER USERS ASSOCIATION [2009] KEHC 2230 (KLR)
✦ The court grants leave to file the suit out of time.
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JACOB OTIENO NYAMURU v REPUBLIC (Criminal Appeal 150 of 2008) [2009] KEHC 2345 (KLR) (15 June 2009) (Judgment)
✦ The conviction is quashed and the sentence set aside. The appellant is set free.
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REPUBLIC v PRINCIPAL MAGISTRATE SIAKAGO Ex-parte JOSEPH MUNYIITA & 13 others [2009] KEHC 1772 (KLR)
✦ Application is dismissed with costs
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JASWINDER SINGH SEHMI V MARGARET OGUTU RONO & ANOTHER [2009] KEHC 3110 (KLR)
✦ The Deputy Registrar was ordered to investigate the records of the court file dated 29.5.08 and the clerk concerned. If the recording was correct, a full twelve (12) months have not expired, and the application was not granted. The suit was set down for pre-trial and hearing.
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ELIUD GACHOKI MUTHIKE V ELIZABETH WANGOTHO GACHOKI [2009] KEHC 2208 (KLR)
✦ The application for revocation of the grant of letters of administration is dismissed. The applicant is not entitled to a share in the estate as he is a grandchild and can only claim through his mother.
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REPUBLIC V DAVID KINOTI NGURU [2009] KEHC 2992 (KLR)
✦ The trial was not a mis-trial, and the accused was not prejudiced by the absence of assessors. The trial was conducted in accordance with the law as it stood at the time of the trial.
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MAKHECHA & CO. ADVOCATES v MIDCO INTERNATIONAL (K) LIMITED [2009] KEHC 4215 (KLR)
✦ The application for judgment on taxed costs is struck out due to the defect in the act of taxation
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ESHA HALUWA RHOVA v MOHAMED DHADHO JILLO JARHA & another [2009] KEHC 2417 (KLR)
✦ The court dismisses the plaintiff's application for injunctive relief with costs to the defendants.
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nyamondi ochieng-nyamongo & another v the disciplinary committee of the law society of kenya & another [2009] KEHC 1820 (KLR)
✦ The court dismissed the suit with costs.
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ESHA HALUWA RHOVA V MOHAMED DHADHO JILLO JARHA & 2 OTHERS [2009] KEHC 2420 (KLR)
✦ The court dismisses the plaintiff's application for injunctive relief with costs to the defendants.
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KENYA WILDLIFE SERVICES v ABDULLAHI ADAN [2009] KEHC 3513 (KLR)
✦ The appeal is dismissed for want of prosecution; The dismissal order is reviewed and the case is referred to Hon. Mr. Justice Emukule for further directions
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KYALO MBOBU v ST. PAUL THOMAS ACADEMY LIMITED & another [2009] KEHC 2451 (KLR)
✦ The Court upheld the Taxing Master's decision on items 1, 3, 49, 50, and 96 to 102, and set aside the ruling on items 2, 4 to 48, and 51 to 95. The Bill of Costs was to be placed before the same Taxing Master for re-taxation based on Schedule V of the Advocates Remuneration Order.
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DAVID GIKUTHA NKARARU V KIRIINYA MUKIIRA [2009] KEHC 2808 (KLR)
✦ The Deputy Registrar will sign two orders: the decree arising from the court's judgment and the order following the District Surveyor's Report.
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Kenya Tourist Development Corporation v William K. Arap Chelashaw [2009] KEHC 2712 (KLR)
✦ The appeal is disallowed with costs to the respondents. The Deputy Registrar's decision to commit the appellant to civil jail was upheld.
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RICHARD OLUM OMOLLO v MARGARET NDUHU GICHARU [2009] KEHC 3552 (KLR)
✦ The application is dismissed with costs.
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REPUBLIC V JOSHUA MWORIA MWITI [2009] KEHC 2979 (KLR)
✦ The court ordered the assessors and the investigating officer to be recalled to testify in the presence of assessors, and to form an opinion on whether the prosecution has established a prima facie case.
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MOHAMMED ABDI ROBA & another v WEST END BUTCHERY LIMITED [2009] KEHC 3655 (KLR)
✦ The Plaintiffs' appeal is dismissed, and the application to strike out the originating summons is allowed.
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BANK OF AFRICA KENYA LIMITED V MITS ELECTRICAL COMPANY LIMITED & 2 OTHERS [2009] KEHC 2455 (KLR)
✦ Application for summary judgment dismissed
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KENYA ANTI-CORRUPTION COMMISSION V JOHNSON JACKSON GITHAKA [2009] KEHC 3063 (KLR)
✦ The plaintiff's application to strike out the defendant's defence is granted. The defendant is ordered to refund Kshs.3,494,638/= to the plaintiff.
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ANDREW WEBUYELE BIKETI v CHINESE CENTRE FOR THE PROMOTION OF INVESTMENT & TRADE IN KENYA LIMITED & 2 others [2009] KEHC 2635 (KLR)
✦ The application is granted with temporary orders pending interpartes hearing.
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KARAGITA MIXED SELF HELP GROUP v THIKA RIVER ESTATE LIMITED [2009] KEHC 3032 (KLR)
✦ The preliminary objection is dismissed with costs to the respondent.
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AGENES WANJIKU KAMWETI V THAMIA INVESTIMENT & 2 OTHERS [2009] KEHC 3010 (KLR)
✦ The application for an interim injunction is granted, and the 1st defendant is restrained from dealing with the property. The plaintiff is awarded damages for the value of the land, and the 1st defendant is ordered to compensate the plaintiff.
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KENYA TEA DEVELOPMENT AGENCY LIMITED v LEO MASORE NYANG’AU T/A MASORE NYANG’AU 1O. ADVOCATES [2009] KEHC 2465 (KLR)
✦ The application is dismissed with costs to the Plaintiff.
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REPBULIC V RESIDENT MAGISTRATE’S COURT KIKUYU & 3 OTHERS [2009] KEHC 2771 (KLR)
✦ The Applicants' application must fail, and the Notice of Motion is dismissed with costs.