Kenyan case law
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MOSES MTHENGE NDIVO V MARIA KIVINYA NDIVO [2012] KEHC 5685 (KLR)
✦ The Plaintiff has established a prima facie case for an injunction and the application is allowed.
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MORONGE & COMPANY ADVOCATES (A FIRM) V KENYA AIRPORTS AUTHORITY [2012] KEHC 2863 (KLR)
✦ The court sets aside the taxing master's decision and enhances the advocate's fee to Kshs. 1.2 million.
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Republic v Kenya Revenue Authority Ex- Parte Fintel Limited [2012] KEHC 5700 (KLR)
✦ The dismissal order made on February 16, 2012, is set aside, and the Notice of Motion dated January 13, 2005, is reinstated for hearing.
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Jackson Masibo Vs Moses N. Sangura & Another [2012] KEHC 2330 (KLR)
✦ The court declines to grant the orders sought but makes an order that the District Land Registrar does register an inhibition against the title until the suit is heard and finalized.
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NAOMI MICHELLE LEVY V SILVIA BOLSON [2012] KEHC 2669 (KLR)
✦ Both applications are dismissed. Each party will bear their own costs. The plaintiff should file a defence to the counterclaim.
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SAHIHI HOUSING LTD v FERDINAND NDUNGU WAITITU & 4 others [2012] KEHC 2742 (KLR)
✦ The court granted the injunction orders.
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FELISTUS O. M. INDIATSI & ANOTHER V JACOB MAHAGWA [2012] KEHC 1291 (KLR)
✦ The application for revocation/annulment of the grant lacks merit and is dismissed.
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R.W.T (Suing as the next of friend and grandmother of B.G v ST NICHOLAS SENIOR SCHOOL [2012] KEHC 5696 (KLR)
✦ The student shall be permitted to enter St. Nicholas Senior School only for the purpose of sitting for the Form 3 end of year exams and shall leave immediately after sitting the examination.
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REPUBLIC v TIMOTHY KITILI SYENGO [2012] KEHC 2775 (KLR)
✦ The accused is discharged as the period of custody has been sufficient punishment.
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Mwichiuri Farmers Co. Ltd v Miarage Company Ltd [2012] KEHC 2641 (KLR)
✦ The application is dismissed with costs to the respondent
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REPUBLIC V ATTORNEY GENERAL & 2 OTHERS EXPARTE SAMUEL KAZUNGU KAMBI [2012] KEHC 2817 (KLR)
✦ The 2nd respondent (Registrar of Titles) has no power to revoke a title without a court order. The decision to revoke the applicant's title was ultra vires.
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JOSEPH MUIGAI NG’ANG’A v PAUL NG’ANG’A MUIGAI & another [2012] KEHC 2600 (KLR)
✦ The application is dismissed with costs as the applicant wasted seven years since the decision of the Tribunal.
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ALBERT MURIUKI KARIA V SAID OMAR ABDALLAH [2012] KEHC 2615 (KLR)
✦ The application is dismissed as it cannot succeed for two reasons: the sale agreement did not occur as per its terms, and the District Land Registrar of Lamu District is not a party to the suit.
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BASHIR MUSE MOHAMED & ANOTHER V OWNERS OF MOTOR VESSEL “GHADEER 1” & ANOTHER [2012] KEHC 2911 (KLR)
✦ The warrant of arrest was unfounded and issued irregularly without jurisdiction, hence declared null and void ab initio.
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BERNARD MWANGI NDERITU & 5 OTHERS V NDIARA ENTERPRISES LIMITED [2012] KEHC 2779 (KLR)
✦ The Court ordered the issuance of a commission to investigate the Title and surrender it to the Court.
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ANTHONY IRUNGU MUTOKA V REPUBLIC [2012] KEHC 2805 (KLR)
✦ The appeal is allowed, and the appellant is set at liberty.
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LEONARD GIKARU WACHIRA V SOUTHERN TRAVEL SERVICES LIMITED & ANOTHER [2012] KEHC 2818 (KLR)
✦ The application is dismissed with costs
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JOSEPHINE ISELE KULUO V PRINCIPAL MAGISTRATE’S COURT, KIBERA NAIROBI & ANOTHER [2012] KEHC 5689 (KLR)
✦ The matter is reinstated and the Notice of Motion dated 22nd June 2007 shall be heard. However, the interim orders in force shall not be reinstated due to the delay in prosecuting the matter. The ex-parte applicant shall bear the costs.
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SIFUNA KHISA V REPUBLIC [2012] KEHC 2654 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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JOSEPH WAMBAYA V FRANSICA OWUOR & 3 OTHERS [2012] KEHC 2852 (KLR)
✦ The application is dismissed as res judicata
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ALBERT OUMA MATIYA V REPUBLIC [2012] KEHC 2661 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld. The appellant is ordered to vacate the land.
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SAMUEL OGODO WAGA V FISH PROCESSORS [2012] KEHC 2622 (KLR)
✦ The appeal is unmeritorious and is disallowed with costs to the respondent.
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LEONARD CHEPKWONY v REPUBLIC [2012] KEHC 2419 (KLR)
✦ The conviction is quashed, and the sentence set aside due to inconsistencies in the prosecution case.
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ROBERT KENNEDY OTIENO v PAUL OTIENDE & Another [2012] KEHC 5778 (KLR)
✦ The court issued an order of injunction restraining the defendants from constructing or trespassing on the plaintiff's property pending the hearing and final determination of the suit.
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DANIEL MBURU GICHAMBA & another v ELIUD MBUGUA KIMANI [2012] KEHC 2557 (KLR)
✦ The suit is dismissed with costs.