Kenyan case law
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NATIONAL HOUSING CORPORATION vs INTEX CONSTRUCTION LIMITED [1998] KEHC 202 (KLR)
✦ The application is dismissed. The interim award delivered on 22nd December, 1995 by Mr. N. Mururu in the arbitration proceedings between the parties hereto on issues 1 and 2 is not set aside. The arbitration proceedings before Mr N. Mururu are not stayed.
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K H OSMOND vs DAIMA BANK LIMITED & 2 OTHERS [1998] KEHC 217 (KLR)
✦ The court grants the Plaintiff's request for a temporary injunction and orders the Defendants to return the attached property until the suit is finally resolved.
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PETER GACHU MUGI v NAIROBI CITY COMMISSION & ANOTHER [1998] KEHC 90 (KLR)
✦ The court awards the plaintiff the sum of Shs. 97,560/= as damages plus costs and interest thereon at court rates.
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REPUBLIC v CHARO WANJE ZIRO & 2 OTHERS [1998] KEHC 72 (KLR)
✦ The court finds the accused not guilty of murder and orders them set at liberty
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REPUBLIC v RUPHUS MBOGHO MWANEI & 4 OTHERS [1998] KEHC 76 (KLR)
✦ The court finds that there is a strong suspicion that the three accused and another may have committed the offence, but finds them not guilty and sets them at liberty.
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KAHINDI LUGO KONDE v REPUBLIC [1998] KEHC 63 (KLR)
✦ The appeal on conviction is dismissed, and the appeal on sentence is also dismissed.
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KABANSORA LIMITED vs JANE DAVID KANGENDA & ANOTHER [1998] KEHC 231 (KLR)
✦ Judgment is entered against the defendants jointly and severally for Kshs. 1.8 million plus costs and interest.
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CARNAUDMETAL BOX KENYA LIMITED vs NAMAN RIBBA JOASH [1998] KEHC 260 (KLR)
✦ The termination of the respondent's services was found to be unlawful, and the appellant is entitled to the amount he would have been paid if his employment had been brought to an end in the manner stipulated in his contract of service.
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BALVINDER SINGH SEMBHI vs HARBHAJAN SINGH SEMBHI & ANOTHER [1998] KEHC 278 (KLR)
✦ The application is dismissed with costs to the respondents.
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JAMES KINYANJUI NDUATI & 2 OTHERS v REPUBLIC (Criminal Appeal 1091 of 1991) [1998] KEHC 78 (KLR) (27 February 1998) (Judgment)
✦ The convictions of the 1st and 3rd appellants are upheld, and the sentence of death is affirmed.
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SAMMY MWANGI KARIETHE vs KENYA COMMERCIAL BANK LTD NYERI BRANCH [1998] KEHC 209 (KLR)
✦ The matter is not res judicata, but the plaintiff must show compliance with Order 21 Rules 78 and 79 of the Civil Procedure Rules.
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Joginder Kaur Sehmi v Harbans Singh Roopa [1998] KEHC 223 (KLR)
✦ The court held that the defendant breached the tenancy agreement by failing to vacate the premises by the notice given.
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JAMES KINYANJUI NDUATI & 2 OTHERS v REPUBLIC [1998] KEHC 13 (KLR)
✦ The conviction of the 2nd appellant is set aside, and the case is remanded for a retrial. The convictions of the 1st and 3rd appellants are upheld.
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REPUBLIC vs THE CHIEF OF GENERAL STAFF ARMED FORCES OF KENYA [1998] KEHC 287 (KLR)
✦ The court has jurisdiction to entertain the application and the conditions under which the applicants are being held are in line with the provisions of the Armed Forces Act, the Rules, and the Standing Orders.
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B. H. LALJI vs B. H. NURANI & OTHERS [1998] KEHC 200 (KLR)
✦ The preliminary objection is dismissed, and the plaintiff is allowed to file a substantive application as required by Rule 11(2) of the Advocates Remuneration Order.
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RAZIA SHERALLY v ESSO KENYA LTD & ANOTHER [1998] KEHC 96 (KLR)
✦ The suit is dismissed with costs.
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KENNEDY KAVAI ABDALA v REPUBLIC [1998] KEHC 64 (KLR)
✦ The court dismisses the appeal and confirms the conviction and sentence.
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Republic v County Council of Kwale & another; Kondo & 57 others (Ex parte) (Miscellaneous Civil Application 384 of 1996) [1998] KEHC 2 (KLR) (2 February 1998) (Ruling)
✦ A notice to the Registrar of an application under the Civil Procedure Rules, Order 53 rule 1(3) was an integral part of the application for leave. It was mandatory because without it the application itself was incomplete, incompetent and could not be proceeded with.
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LABAN BUYOLE MAMBOLEO v RIFT VALLEY TEXTILES [1998] KEHC 109 (KLR)
✦ The court awards the plaintiff Kshs. 1,080,830/= in total damages, including general damages for pain, suffering, and loss of amenities, and loss of future earnings, with interest from the date of judgment until payment in full.
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COMMISSIONER OF CUSTOMS & EXCISE vs AL RABIHAH MOTORS LIMITED [1998] KEHC 253 (KLR)
✦ The Commissioner of Customs and Excise is in contempt of court and the order is suspended for 14 days.
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FRANCIS MUIRU v UNITED TOURING COMPANY LIMITED [1998] KEHC 105 (KLR)
✦ summary judgment granted for the sum of Shs. 2,595,383, with an opportunity for the defendant to interrogate the plaintiff on the balance of the amount claimed
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LEWIS NGUYAI NGANGA vs MADISON INSURANCE COMPANY LIMITED [1998] KEHC 219 (KLR)
✦ The application for injunction must fail as the order cannot be given without resultant injustice on the part of the defendant.
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AMERICAN LIFE INSURANCE COMPANY (K) LTD vs DOREEN OTIENO & ANOTHER [1998] KEHC 282 (KLR)
✦ The application for substantive injunction orders is dismissed. The costs shall be in the cause.
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ROMA TRADING CO. LTD v MR. PURSHOTAM H. PATHAK [1998] KEHC 95 (KLR)
✦ Summary judgment for the sum of Shs. 2,595,383, the amount of dishonored cheques, is granted. Roma is awarded half the costs of the application and full costs of the main suit.
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REPUBLIC v ATHANAS MWENDO KIAMBA & ANOTHER [1998] KEHC 54 (KLR)
✦ The court found the evidence to be circumstantial and insufficient to prove the accused's guilt. The court acquitted the accused and ordered them to be set at liberty.