Kenyan case law
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JOHN NJENGA WAGACHA alias JOHN WAGACHA GITHUKU v EDWARD MUROKI MBIYU (Miscellaneous Succession Cause 780 of 1998) [2007] KEHC 2866 (KLR) (5 April 2007) (Ruling)
✦ The court ordered the removal of the caution against the property title and directed the Registrar of the High Court to execute the withdrawal forms on behalf of the respondent if he fails to do so within ten days.
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MIDLAND FINANCE & SECURITIES LIMITED & another v ATTORNEY-GENERAL & another [2007] KEHC 2887 (KLR)
✦ The court dismissed the petitioners' applications.
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NJOROGE KARIUKI MICHUKI v JOHNSON ROBERT KARIUKI [2007] KEHC 3092 (KLR)
✦ The Appeals Committee erred in relying on the report of the surveyor and in entertaining a boundary dispute which had already been heard and the boundary fixed by the Land Registrar.
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In Re The Matter of Kingsley Obadia Gachamba (Deceased) [2007] KEHC 2904 (KLR)
✦ The court revoked the probate granted to Jacinta Nyambura Gachamba.
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NJOROGE KARIUKI MICHUKI v JOHNSON ROBERT KARIUKI [2007] KEHC 933 (KLR)
✦ Allow the appeal and set aside the award of the Appeals Committee and the Land Disputes Tribunal
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NATIONAL BANK OF KENYA v LINAH CHEBET KIPSEI [2007] KEHC 2987 (KLR)
✦ The application is allowed. The defence filed herein is struck out and judgment entered in favour of the plaintiff for the sum of Shs.2,052,072/65 with interest at 32% from 18th January 1995 to the date of filing the suit.
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Republic v Commissioner of Customs & 2 others Exparte Amit Shok Doshi & 2 others [2007] KEHC 662 (KLR)
✦ The respondents acted in bad faith and the applicants were vigilant purchasers. The motion is allowed.
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MWATARARE WA MWARABU & ANOTHER v RAIYA S. SEIF & ANOTHER [2007] KEHC 2134 (KLR)
✦ The allegations of contempt have not been satisfactorily proved, and the motion is dismissed with costs to the respondents.
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REPUBLIC v REGISTRAR GENERAL [2007] KEHC 3135 (KLR)
✦ The orders of certiorari and mandamus are not merited and the Notice of Motion dated 18th July 2006 is hereby dismissed with costs.
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CONTE DESIGN v KENYA SUGAR RESEARCH FOUNDATION & ANOTHER [2007] KEHC 3040 (KLR)
✦ The court dismisses the notice of motion and orders that the suit shall proceed to full trial.
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REPUBLIC v COMMISSIONER OF CUSTOMS & 4 OTHERS Exparte AMIT SHOK DOSHI & 2 OTHERS [2007] KEHC 2217 (KLR)
✦ The respondents acted in bad faith and the applicants were vigilant purchasers for value. The motion dated 22/6/2006 is allowed as prayed, and the motion dated 31/7/2006 is dismissed with costs to the applicants.
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REPUBLIC v KENYA SUGAR BOARD & 2 OTHERS [2007] KEHC 3712 (KLR)
✦ The applicants' notices of motion are dismissed with costs, and no orders are made.
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PIEDMONT INVESTMENTS LIMITED v STANDARD ASSURANCE KENYA LIMITED [2007] KEHC 3015 (KLR)
✦ The Defendant's Notice of Motion is dismissed with costs to the Plaintiff
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DANIEL KARUBE SAMBO v REPUBLIC [2007] KEHC 3754 (KLR)
✦ The conviction is quashed due to reasonable doubt regarding the identification and the existence of a grudge between the appellant and the complainant's family.
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DANIEL KARUBE SAMBO v REPUBLIC [2007] KEHC 496 (KLR)
✦ The appeal is allowed. The appellant's conviction is quashed. He is set at liberty and ordered released from prison unless otherwise lawfully held.
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OMAR SAID MWATAYARI v BHARATKUMAR & ANOTHER [2007] KEHC 1680 (KLR)
✦ The summons to enter appearance was properly served by substituted service by way of advertisement, and the defendants neglected to enter appearance. The exparte judgment was properly entered, and the summons dated 3rd May 2006 is dismissed for lacking in merit with costs to the plaintiff.
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REPUBLIC v KEYA SUGAR BOARD & 2 OTHERS Ex parte-The Commodity House Ltd [2007] KEHC 3793 (KLR)
✦ The Applicants' notices of motion are dismissed with costs to the Respondents, and Interested Parties, but not the affected persons.
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MWATARARE WA MWARABU & ANOTHER v RAIYA S. SEIF & ANOTHER [2007] KEHC 652 (KLR)
✦ The allegations of contempt have not been satisfactorily proved, and the motion is ordered dismissed with costs to the Respondents.
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BAHARI TRANSPORT COMPANY v A.P.A. INSURANCE CO. LTD [2007] KEHC 1578 (KLR)
✦ Preliminary objection to plaintiff's claim dismissed
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IN RE GITOBU IMANYARA T/A GITOBU IMANYARA & COMPANY ADVOCATES [2007] KEHC 3797 (KLR)
✦ The application is dismissed with costs to the creditor/Respondent
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ANJERICA KANANA v REPUBLIC [2007] KEHC 2431 (KLR)
✦ The conviction is quashed and the sentence set aside due to the plea not being unequivocal.
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REPUBLIC v REGISTRAR GENERAL EX PARTE STEPHEN KIGURU KAMAU & 11 OTHERS [2007] KEHC 3789 (KLR)
✦ The orders of certiorari and mandamus are not merited and the Notice of Motion dated 18th July 2006 is hereby dismissed with costs.
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LIEUTENANT COLONEL ROBERT TOM MARTINS KIBISU v THE ATTORNEY GENERAL & 3 OTHERS [2007] KEHC 3134 (KLR)
✦ Petition dismissed for being unmeritorious.
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R.N.O v S.O.O [2007] KEHC 3422 (KLR)
✦ Marriage has broken down, and the court grants a decree nisi to dissolve the marriage.
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MOHAMMED HANIF v JUSTUS NYAMU & 5 OTHERS [2007] KEHC 3042 (KLR)
✦ The application for review is dismissed with costs due to the inexcusable delay of nearly five years.