Kenyan case law
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CHARLES MBUGUA NJUGUNA v CHARLES NDUNGU KARIUKI [2012] KEHC 3024 (KLR)
✦ The Court cannot proceed with a determination of the application.
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ZAKAYO MAINA WAWERU V NAKU MODERN FEEDS LIMITED & ANOTHER [2012] KEHC 2583 (KLR)
✦ The appeal must fail and is accordingly dismissed with costs.
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PHOEBE WANGUI GAKUI V CITY COUNCIL OF NAIROBI [2012] KEHC 2936 (KLR)
✦ The Court grants the Plaintiff's application for a restraining order to prevent the Defendant from demolishing, evicting, or interfering with the Plaintiff's quiet enjoyment of the property.
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JOHN MUTHUA KARIUKI & ANOTHER V RAHAB MUGURE NG'ANG'A & OTHERS [2012] KEHC 2822 (KLR)
✦ The grant of letters of administration is cancelled, and a new grant is made in the names of the petitioners and their daughters, with the land to be divided equally among the daughters.
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MURUAKI FARMERS CO-OPERATIVE LIMITED V MWANGI NJOROGE MWANGI [2012] KEHC 3002 (KLR)
✦ Prayers 2 and 4 of the amended notice of motion are granted
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REPUBLIC V SENIOR RESIDENT MAGISTRATE, CITY COURT & ANOTHER EXPARTE FALCON PROPERTIES LIMITED [2012] KEHC 2866 (KLR)
✦ The court allowed the application to recall and cancel the previous orders, giving the parties an opportunity to properly extract an order that complies with the ruling of Judge Muchelule.
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PETER KARURI WAWERU & ANOTHER V HANNAH MUGURE KARAGO [2012] KEHC 2422 (KLR)
✦ The court grants an order of stay of execution of the decree, subject to the applicant depositing Kshs.500,000/- in a joint account within 21 days as security, pending hearing of the appeal.
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Feisal Sharif Mohamed t/a General Office Technologies Solutions v Kirima Bus Services Ltd [2012] KEHC 2924 (KLR)
✦ The Plaintiff's application is dismissed, and the costs shall be in the cause.
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KIMILILI HAULIERS & ANOTHER V PASKALIA NALIAKA KULUNDU & ANOTHER [2012] KEHC 1876 (KLR)
✦ The appeal cannot be dismissed for lack of prosecution as the provisions of Section 79B Civil Procedure Act have never been done, namely that the appeal be admitted or rejected by the Hon. Judge.
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NAOMI WAIRIMU KIBUGI V NJERI KIBUGI & 4 OTHERS [2012] KEHC 3091 (KLR)
✦ The suit against the 3rd defendant is declared to have abated with costs to the estate. The claim to have the suit against the 4th defendant dismissed is disallowed with costs.
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IRENE NYOKABI CHEGE V CITY COUNCIL OF NAIROBI [2012] KEHC 2638 (KLR)
✦ The court finds no merit in the application and declines to grant the order of injunction.
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REPUBLIC v SIMON GITHINJI WARUTUMO [2012] KEHC 2879 (KLR)
✦ The court set the accused free forthwith for lack of evidence against the accused and ordered his release unless otherwise lawfully held.
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REPUBLIC V KIKUYU DIVISIONAL LAND DISPUTES TRIBUNAL & 2 OTHERS EX-PARTE LIVINGSTONE GICHANGA KARENGE & ANOTHER [2012] KEHC 2960 (KLR)
✦ The application is dismissed as it has no merit
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JOSEPH KINUTHIA MWANGI V GEOFFREY IRUNGU MWANGI [2012] KEHC 3023 (KLR)
✦ The plaintiff is entitled to 48% of the land, and the defendant is entitled to 52%.
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ASHOK RUPSHI SHAH & ANOTHER V JACOB JUMA & 2 OTHERS [2012] KEHC 3071 (KLR)
✦ The 2nd and 3rd Defendants' application is allowed and the court orders the Attorney General to file and serve the amended defence, and the Plaintiffs and 1st Defendant are granted leave to file and serve amended pleadings and replies.
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NATIONAL BANK OF KENYA LIMITED V JOSEPH KITTONY [2012] KEHC 2983 (KLR)
✦ The court allows the Notice of Motion application and directs Kigen Kandie to join the suit as a Defendant.
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REPUBLIC V FLORENCE NANALWA MASASI & 2 OTHERS [2012] KEHC 2656 (KLR)
✦ The 1st accused is acquitted under Section 306 of the Criminal Procedure Code. The 2nd and 3rd accused are put on their defence.
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MICHAEL DANSON MAHUGU V ATTORNEY GENERAL (Miscellaneous Civil Case 1375 of 2003) [2012] KEHC 2915 (KLR) (Civ) (19 July 2012) (Judgment)
✦ The plaintiff's rights were violated, but no award of exemplary or aggravated damages is made.
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REGISTERED TRUSTEES OF THE NATIONAL COUNCIL OF CHURCHES OF KENYA (NCCK) v EPHRAIM A. KIRAGU [2012] KEHC 1764 (KLR)
✦ The employee is entitled to benefits under the ACT Program, and the claim is not time-barred.
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DOROTHY NJUMBI V DANIEL GICHURU NJOROGE [2012] KEHC 2929 (KLR)
✦ The plaintiff's notice of motion is dismissed with costs to the defendant.
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ASHISH MAGON & 4 OTHERS V FRANCIS MAINA GICHUHI & 4 OTHERS [2012] KEHC 5997 (KLR)
✦ A receiver is to be appointed for the suit property pending the final determination of the suit.
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REPUBLIC V KIKUYU DIVISIONAL LAND DISPUTES TRIBUNAL & 2 OTHERS EXPARTE LIVINGSTONE GICHANGA KARENGE & ANOTHER [2012] KEHC 2959 (KLR)
✦ The application is dismissed as it has no merit and the Tribunal's award and adoption by the 3rd respondent are not subject to judicial review.
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PETER KANYUA NGACHA V JAMES WACHIRA MUNENE [2012] KEHC 2998 (KLR)
✦ The Court dismissed the Plaintiff's application as res judicata and the Defendant had died, thus the application is not considered.
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PERIS ONDUSO OMONDI V TECTURA INTERNATIONAL LTD & ANOTHER [2012] KEHC 3044 (KLR)
✦ The court awards general damages for pain, suffering, and loss of amenities, general damages for loss of future earning capacity, costs of future medication, special damages, costs of the suit, and interests on the above.
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NYANZA SPINNING & WEAVING MILLS LIMITED V CREDIT BANK LIMITED & 2 OTHERS [2012] KEHC 2965 (KLR)
✦ The Plaintiff's application is dismissed with costs.