Kenyan case law
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Esther Mwihaki Macharia v Esther Wamwere Nyori [2010] KEHC 3228 (KLR)
✦ Decline to confirm the grant and direct parties to take out necessary proceedings to determine the issues raised.
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In Re the Estate of Ndegwa Kuria (Deceased) [2010] KEHC 3398 (KLR)
✦ The court confirms the grant of letters of administration intestate and orders the distribution of the land as per the deceased's wishes, with the applicant receiving a larger share.
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Peter Mwai Gathu v Mwangi Nyaga [2010] KEHC 2978 (KLR)
✦ The grant of Letters of Administration is confirmed on condition that the land be subdivided into equal portions between the Applicant and the Respondent.
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Alice Muthoni Chege v Town Clerk City Council of Nairobi & another [2010] KEHC 4094 (KLR)
✦ The court recommends that the parties attend the Registry to fix the application seeking the order of mandamus, for a hearing before a judge in the relevant Division.
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Edwin Ndegwa Justus v Republic [2010] KEHC 3335 (KLR)
✦ The appeal has overwhelming chances of success and bail is granted pending appeal.
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EPHANTUS GACHANJA & 3 OTHERS v REPUBLIC [2010] KEHC 2537 (KLR)
✦ The court disallows and rejects the application as there is no impropriety or illegality in the proceedings and the matters raised are appropriate issues for appeal.
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ESTHER NYAGUTHII MATIRU v LABAN WAHOME MATIRU [2010] KEHC 2859 (KLR)
✦ The grant of letters of administration is annulled on the grounds of fraud and abuse of trust.
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MT. KENYA BOTTLERS LTD v GAMMA VILLA LTD [2010] KEHC 2975 (KLR)
✦ The Summons is dismissed with costs to the Defendant. The parties are directed to ensure preliminary procedures are met to make the suit ready for hearing.
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PRESBYTERIAN FOUNDATION v JOHN EKAI ACHIVIHA & 10 OTHERS [2010] KEHC 3243 (KLR)
✦ The Plaintiff is the registered owner of the suit land and is entitled to peaceful occupation. The Defendants are ordered to be evicted from the suit land.
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REPUBLIC v CHAIRMAN, MARAGUA LAND DISPUTES TRIBUNAL & another [2010] KEHC 3226 (KLR)
✦ The motion is dismissed and struck out with costs to the respondents.
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LONGONOT HORTICULTURE LTD v ISAAC OLUOCH KICHAMA [2010] KEHC 2491 (KLR)
✦ The appeal is allowed, and the award is reduced to Kshs.150,000/- less 25% contributory negligence, resulting in a net award of Kshs.112,500/=
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PETER MUKOLWE OSUNDWA V REPUBLIC [2010] KEHC 3000 (KLR)
✦ The application for bail pending appeal is allowed.
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ALEXANDER K. KAMARI V REPUBLIC [2010] KEHC 3004 (KLR)
✦ The suspension of the appellant's driving license is upheld, and the appellant is not released from the confiscated driving license.
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CHARLES GITONGA MURIITHI & CECILIA GATHONI MURIITHI v HELLEN MURINGI MUCHOKI & NANCY WANGUNGI MUCHOKI (Civil Case 7 of 2010) [2010] KEHC 3426 (KLR) (31 March 2010) (Ruling)
✦ The summons dated 27th January 2010 is allowed as prayed with costs to the plaintiffs.
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KENNEDY MMBAYA LITORO V REPUBLIC [2010] KEHC 2979 (KLR)
✦ The motion lacks merit as the appellant has not shown that the application satisfies the principles of bail pending appeal.
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DAVID WARUIRU NGOTHO v BETTY M. ABONYO OYUGI & 10 others [2010] KEHC 2726 (KLR)
✦ Defences are not scandalous, frivolous, or vexatious and should proceed to full hearing.
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KENNEDY MMBAYA LITORO v REPUBLIC [2010] KEHC 3358 (KLR)
✦ The motion is dismissed as the appellant has not shown that the application satisfies the principles of bail pending appeal.
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DENA EDWARD MWARINGA v REPUBLIC [2010] KEHC 3346 (KLR)
✦ The sentences imposed by the trial magistrate were neither harsh nor excessive and are upheld.
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LEISURE LODGES LIMITED v BENSON MASINDE [2010] KEHC 1753 (KLR)
✦ The appeal is dismissed. The trial court's judgment is upheld.
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Muriu, Mungai & Co. Advocate v New Kenya Co-operative Cremeries Limited [2010] KEHC 2914 (KLR)
✦ There was no agreement for the fees, and the taxing master's assessment was not an error in principle.
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KLAAS HESSELS BEHEER B.V. v BONIFACE NJIRU T/A NJIRU BONIFACE & COMPANY ADVOCATES [2010] KEHC 2115 (KLR)
✦ The Notice of Motion is dismissed with costs to the Defendant.
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BOMINFLOT LIMITED v KENYA MARINE CONTRACTORS (EPZ) LIMITED (Civil Suit 1 of 2010) [2010] KEHC 3451 (KLR) (26 March 2010) (Ruling)
✦ The court entered judgment for the plaintiff in the amount of US$68,383.05, plus interest at 2% per month.
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Nicholas Nyaga Murimi v Phyllis Wanjru Kamau & another [2010] KEHC 2116 (KLR)
✦ The Plaintiff/Applicant's Chamber Summons is dismissed with costs to the 1st Defendant/1st Respondent.
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Sahara Computers Limited v Network Source Limited & 2 others [2010] KEHC 2960 (KLR)
✦ The court finds that the letter does not constitute a bank guarantee and does not constitute a liability that is actionable. The suit against the 3rd defendant does not disclose any cause of action and can be struck off with costs to the 3rd defendants.
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JOHN MUKORA WACHIHI v MINISTER FOR LANDS & 2 others [2010] KEHC 2109 (KLR)
✦ The court granted conservatory orders to stop the revocation and cancellation of the lease and to prevent possession, transfer, or alienation of the land until the petition is heard and determined.