Kenyan case law
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Officequip Services Ltd v Co-operative Bank of Kenya Ltd [2005] KEHC 2927 (KLR)
✦ The Plaintiff substantially succeeds in its application and shall also have the costs of this application.
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MUMIAS SUGAR CO. LTD v ZAKAYO SAKWA ONIANGO [2005] KEHC 3205 (KLR)
✦ The Appellant's application for further evidence was dismissed as the evidence could not have been obtained with reasonable diligence and was not likely to have affected the result of the case.
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National Bank of Kenya Ltd v Joly Family Stores & another [2005] KEHC 2955 (KLR)
✦ The 2nd Respondent was an agent of the Court in executing the decree, not an agent of the Appellant. The Appellant is not liable for the attachment.
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Ryna Florah Onyango Kadasia v Lilina Gichiru & another [2005] KEHC 3150 (KLR)
✦ The earlier order to remove the caveat is set aside. The injunction is stayed until the property's status is clarified.
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REPUBLIC V KAMLESH MANSUKLAL DAMJI PATTNI [2005] KEHC 208 (KLR)
✦ The court held that the prosecution has a legal duty to disclose all relevant information to the defense, including witness statements and exhibits, before the commencement of the case.
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Rose Gathigia W. Kirathe & 2 others v Duncan Kanyua [2005] KEHC 2941 (KLR)
✦ The application for a stay of execution is dismissed with costs to the Respondent.
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Kabundu Holdings Ltd v Ali Ahmed T/A Sky Club Restaurant [2005] KEHC 1446 (KLR)
✦ The court held that the defendant did not breach the contract and that the plaintiff is not entitled to damages.
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REPUBLIC V PETER MBURU MUTHONI [2005] KEHC 207 (KLR)
✦ The court found the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquitted the accused.
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REPUBLIC V FRANCIS MBUGUA WAWERU & ANOTHER [2005] KEHC 206 (KLR)
✦ The court finds the accused not guilty of murder.
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JEREMIAH KAMONDO V AGRICULTURE FINANCE CORPORATION [2005] KEHC 173 (KLR)
✦ The costs of the suit (including the costs of this application) are awarded to the Defendant to be recovered from the estate of the deceased Plaintiff.
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Ramesh Popatlal Shah & 2 others v National Industrial Credit Bank Limited [2005] KEHC 3211 (KLR)
✦ The preliminary objection is upheld, and the defendant is given 14 days to purge its contempt.
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Priscilla Nyambura Njue t/a Nairobi Moscow Airways v Country Side Suppliers Ltd [2005] KEHC 2528 (KLR)
✦ The court found that the defendant's letter constituted an outright acknowledgment of the plaintiff's debt, thus supporting the plaintiff's claim.
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Kamondo v Agriculture Finance Corporation [2005] KEHC 2940 (KLR)
✦ The costs of the suit (including the costs of this application) are awarded to the Defendant to be recovered from the estate of the deceased Plaintiff.
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RAPID KATE SERVICES LIMITED V FREIGHT FORWARDERS KENYA LIMITED & 2 OTHERS [2005] KEHC 3224 (KLR)
✦ The case should remain in Nairobi as it is more convenient and expeditious.
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Eliphas Njue Mukindia & 2 others v Consolidated Bank of Kenya Limited [2005] KEHC 1431 (KLR)
✦ The injunction granted on 10/2/2005 is discharged. Leave to appeal is granted.
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Nicholas Nguthi Kavinda v James Kariuki Marete [2005] KEHC 2165 (KLR)
✦ The Plaintiff is the lawful registered proprietor of the land and the Defendant should vacate the land.
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Busia Sugar Company Limited v Wanga & Company Advocates [2005] KEHC 3359 (KLR)
✦ The preliminary objection is properly raised and the Respondent is given the green light to proceed with the same.
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Republic v Funyula Land Disputes Tribunal & 2 others Ex- Parte Hannington Pamba [2005] KEHC 1783 (KLR)
✦ The court quashes the tribunal's decision and the adoptive order.
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DAVID C. MWANGI V OCCIDENTAL INSURANCE COMPANY LTD [2005] KEHC 3108 (KLR)
✦ Special damages must be specifically pleaded and strictly proved. In this case, the special damages are pleaded and the amount claimed is given.
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Musa Salim v Republic (Criminal Appeal 20 of 2004) [2005] KEHC 1732 (KLR) (4 March 2005)
✦ The appeal is allowed, and the sentence is set aside. A reduced sentence of 3 years imprisonment with hard labour is substituted.
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Musesi Robert v Republic [2005] KEHC 1855 (KLR)
✦ The appeal on sentence is allowed, and the sentence on count 2 is set aside and substituted with a 2-year sentence. The sentences are to run concurrently. The appeal on conviction is dismissed.
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Busia Sugar Company Limited v Wanga & Company Advocates [2005] KEHC 1544 (KLR)
✦ The preliminary objection is properly raised and the Respondent is given the green light to proceed with the same.
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CHIRIRO NDEREBA NJIRI V CITY COUNCIL OF NAIROBI & 3 OTHERS [2005] KEHC 58 (KLR)
✦ The Fourth Defendant's application to set aside the interim injunction is dismissed, and an injunction is granted to prevent eviction and interference with the Plaintiff's possession.
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BENSON WAWERU NGERU & another v KARUGU GUANDAI & 2 others [2005] KEHC 59 (KLR)
✦ The plaintiffs' application for a temporary injunction is granted, and the first and third defendants are ordered to deliver up the grant and charge to the Commissioner of Lands for cancellation.
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Jonah Kimani Ng’ang’a v Esther Wacu Karanja [2005] KEHC 6 (KLR)
✦ The court found that the plaintiff did not qualify for title to the suit land on the basis of the doctrine of adverse possession and dismissed the plaintiff's claims.