Kenyan case law
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AMIR SULEIMAN v ABEDARE SAFARI HOTELS LTD [2007] KEHC 2996 (KLR)
✦ The Defendant's application for summary judgment is granted, and the Plaintiff's preliminary objection is dismissed with costs.
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NJOGU & COMPANY ADVOCATES v SAVINGS AND LOAN KENYA LIMITED [2007] KEHC 3028 (KLR)
✦ The application is dismissed with costs.
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DEV. PAK STATIONERS v ABICHEM AGENCIES LTD [2007] KEHC 244 (KLR)
✦ The application is dismissed with costs as it has no legal basis and no notice of appeal was filed by the respondent.
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PETER KINYANJUI NGANGA v REPUBLIC [2007] KEHC 3084 (KLR)
✦ The Appellant is entitled to the prayers sought in his appeal and the conviction is hereby quashed and the sentence against the Appellant is hereby set aside.
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In Re BAO ( AN INFANT) [2007] KEHC 3012 (KLR)
✦ The court orders that each adoption case be heard separately and on priority basis after the Director of Children Services files reports on compliance with international adoption requirements.
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DEV. PAK STATIONERS v ABICHEM AGENCIES LTD [2007] KEHC 3063 (KLR)
✦ Application dismissed with costs.
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PHILIP KURIA WAINAINA v FAMILY FINANCE BUILDING SOCIETY & ANOTHER [2007] KEHC 3035 (KLR)
✦ The Plaintiff's suit against the 2nd Defendant is struck out due to statute bar and res judicata.
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NJOGU & COMPANY ADVOCATES v SAVINGS AND LOAN KENYA LIMITED [2007] KEHC 117 (KLR)
✦ The application is dismissed with costs.
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JAMES NDUNGU THUNGU v MARTY MUMBI GATERU [2007] KEHC 913 (KLR)
✦ The grant issued to the Respondent is hereby revoked. The Respondent shall surrender the original grant and the titles MAHIGA/UGACHIKU/688, 689, and 690 are revoked.
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JOSHUA JAIRO OWINO ODANGA v EZEKEIEL ODUK (t/a ODUK & CO. ADVOCATES) [2007] KEHC 114 (KLR)
✦ The matter is settled, and both parties shall bear their own costs.
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BONVENTRUE TOURS AND TRAVEL LTD v ROSE CHEBET AND OTHERS [2007] KEHC 3058 (KLR)
✦ The court allows the preliminary objections and sets aside the orders made in this case.
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PERIS WAIRIMU GICHURU v REPUBLIC [2007] KEHC 920 (KLR)
✦ The appeal is allowed, and the conviction and sentence are quashed. The appellant should be retried for the offence.
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County Council of Nakuru v Simon Ole Kiminta & 3 others [2007] KEHC 1344 (KLR)
✦ The court declines to order the consolidation of the suits and directs that both suits be heard separately.
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KUDAN SINGH CONSTRUCTION LTD v KENYA PORTS AUTHORITY [2007] KEHC 3039 (KLR)
✦ The application is struck out with costs to the Defendant due to the lack of the required documents.
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OTIENO ODEK & CO. ADVOCATES v ORBIT CHEMICAL INDUSTRIES LTD [2007] KEHC 3066 (KLR)
✦ The court has no jurisdiction to interfere with the taxing master's order as the defendant did not invoke the procedures outlined in the Advocates Remuneration Rules.
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JACKSON MWANGI GITHAE v REPUBLIC [2007] KEHC 3108 (KLR)
✦ The court dismisses the appeal and upholds the conviction and sentence for all counts.
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ELIUD MUTURI NJAUMBIRE v REPUBLIC [2007] KEHC 3110 (KLR)
✦ The conviction and sentence are upheld
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JOSEPH NJOROGE KIHARA v REPUBLIC [2007] KEHC 3083 (KLR)
✦ The court quashes the conviction due to the failure to exhibit the demolished iron sheets and timber, and the lack of photographs taken by the witness.
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JACKSON MWANGI GITHAE v REPUBLIC [2007] KEHC 501 (KLR)
✦ The prosecution met the required criminal standard and the trial court was right to convict the Appellant. The appeal is dismissed.
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REPUBLIC v WESLEY KIPYEGON KIRUI ARAP TOWETT [2007] KEHC 1687 (KLR)
✦ The accused is convicted of murder
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KENLINE AGENCIES LTD v HOUSING FINANCE COMPANY OF KENYA [2007] KEHC 3036 (KLR)
✦ The court denied the application for an interlocutory injunction.
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PRAKASH KANTILAL GADANI v ANUJ SHAH & OTHERS [2007] KEHC 1225 (KLR)
✦ The court held that the plaintiff's claim for an easement is valid and that the defendants' actions in blocking the access road were not justified.
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ANNE BUHASYO OKINYO v HOUSING FINANCE COMPANY OF KENYA LTD [2007] KEHC 239 (KLR)
✦ The suit is stayed under Section 6 of the Civil Procedure Act
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CHRISTINE CHAMAIYEK v UNISTER TRANSPORTERS LTD [2007] KEHC 354 (KLR)
✦ Judgment is entered for the plaintiff as against the defendant, with the defendant bearing 80% liability and the plaintiff 20% contributory negligence. The plaintiff is awarded Kshs 763,328 in damages under the Fatal Accidents Act and Kshs 30,000 in funeral expenses, less 20% contribution.
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DICKSON CHERUIYOT CHEPKWONY v DANIEL KIPKOECH MARITIM & ANOTHER [2007] KEHC 353 (KLR)
✦ The court finds prima facie that the 1st respondent fraudulently registered as the owner of the suit land and charged it to the 2nd respondent to defeat any claim by the deceased or her successors. The court restrains the 2nd respondent from dealing with the suit land, including exercising its statutory power of sale, pending the hearing and determination of the suit.