High Court of Kenya judgments

David Mwangi v Attorney General [2000] KEHC 541 (KLR)

✦ The application for leave to apply for orders of mandamus was defective due to the lack of proper service on the Registrar.

[2000] KEHC 541 (KLR) High Court of Kenya 21 July 2000

HABIBA ABDI MOHAMED v PETER MALEVE [2000] KEHC 144 (KLR)

✦ The plaintiff's expenses at Al-Haramain Lodge are admissible as special damages and the court awards Shs.400,000/- in general damages.

[2000] KEHC 144 (KLR) High Court of Kenya 21 July 2000

OLESOLIAN ENTERPRISES LTD. v JOSEPH MWANGI NGURE [2000] KEHC 316 (KLR)

✦ Summary judgment is entered against the defendant and for the plaintiff for the sum of Ksh.620,000.

[2000] KEHC 316 (KLR) High Court of Kenya 20 July 2000

MARGARET M. GITAU v JOSEPH GITAU [2000] KEHC 507 (KLR)

✦ The court declares that the properties are jointly owned by the plaintiff and defendant, and orders them to be registered in their joint names.

[2000] KEHC 507 (KLR) High Court of Kenya 20 July 2000

PETER KANGETHE v GEOFFREY GIKONYO [2000] KEHC 64 (KLR)

✦ The appeal is dismissed with costs.

[2000] KEHC 64 (KLR) High Court of Kenya 20 July 2000

ESTHER JONATHAN NGUMBI vs MTITO ANDEI TOWN COUNCIL & 2 OTHERS [2000] KEHC 146 (KLR)

✦ Application for restraining order against Defendants to interfere with Plaintiff's use and enjoyment of Plot No. 18 is dismissed.

[2000] KEHC 146 (KLR) High Court of Kenya 20 July 2000

LEONARD MUNGA GITHINWA v UNITED INSURANCE COMPANY LTD [2000] KEHC 569 (KLR)

✦ The defendant is bound to indemnify the insured and judgment is given for the plaintiff in prayers (a), (b), and (c) of the plaint.

[2000] KEHC 569 (KLR) High Court of Kenya 18 July 2000

LEONARD MUNGA GITHINWA v UNITED INSURANCE COMPANY LTD [2000] KEHC 84 (KLR)

✦ The defendant is bound to indemnify the insured and judgment is given for the plaintiff in prayers (a) (b) and (c) of the plaint

[2000] KEHC 84 (KLR) High Court of Kenya 18 July 2000

BENJAMIN KIPTOO v STALLON INSURANCE CO LTD [2000] KEHC 89 (KLR)

✦ The application is allowed, the defence is struck out, and judgment is entered for the plaintiff as prayed in the plaint.

[2000] KEHC 89 (KLR) High Court of Kenya 18 July 2000

SAMUEL KAMAU MACHARIA & ANOTHER vs ATTORNEY GENERAL & NGENGI MUIGAI [2000] KEHC 116 (KLR)

✦ The preliminary objection is overruled with costs to the applicant, and the criminal proceedings are stayed until the hearing and determination of the originating motion by the constitutional court.

[2000] KEHC 116 (KLR) High Court of Kenya 18 July 2000

Samuel Kamau Macharia & another v Attorney General & another [2000] KEHC 90 (KLR)

✦ The interim stay of criminal proceedings is granted until the hearing and determination of the originating motion by the constitutional court.

[2000] KEHC 90 (KLR) High Court of Kenya 18 July 2000

NDURUMO MUCHOKI v THE HON. THE ATTORNEY GENERAL [2000] KEHC 190 (KLR)

✦ The objection based on res judicata is overruled as the parties in the earlier suit were not the same as the plaintiff in the present case.

[2000] KEHC 190 (KLR) High Court of Kenya 17 July 2000

NELSON MUGUKU vs JOHN MUCHUI t/a WATER MASTER [2000] KEHC 310 (KLR)

✦ The court dismissed the defendant's counterclaim, but awarded the plaintiff Ksh.120,000/- in special damages for the difference in costs between the first and second boreholes.

[2000] KEHC 310 (KLR) High Court of Kenya 17 July 2000

REPUBLIC vs JOSPHAT MBUGUA KIUMU,CHAIRMAN,LARI DIVISION LAND DISPUTE TRIBUNAL & ONESMUS KARIUKI KAMAU [2000] KEHC 496 (KLR)

✦ The Tribunal acted outside its jurisdiction as mandated by the Registered Land Act section 169 and the Land Dispute Tribunal Act

[2000] KEHC 496 (KLR) High Court of Kenya 17 July 2000

BLACKWOOD HODGE COMPANY v JAMES OMORO JAGONGO & ANOTHER [2000] KEHC 372 (KLR)

✦ The court held that there was a contract between the parties, but the plaintiff failed to prove negligence and a breach of the contract. The suit is dismissed with costs to the defendants.

[2000] KEHC 372 (KLR) High Court of Kenya 16 July 2000

LUCKY SUMMER ESTATE CO. LIMITED & 3 OTHERS v KARIUKI & GATHECHA RESOURCES LIMITED [2000] KEHC 267 (KLR)

✦ The plaintiffs' claims are time-barred under the Limitation of Actions Act and the sale transactions were rendered void due to the Land Control Act.

[2000] KEHC 267 (KLR) High Court of Kenya 14 July 2000

MERCY MUTHONI MAINA v TABITHA WANGARI MWAURA & 3 OTHERS [2000] KEHC 127 (KLR)

✦ The court awards Shs.761,144/- in total damages, including Shs.725,616/- for fatal accidents, Shs.100,000/- for loss of expectation of life, and Shs.20,100/- for special damages.

[2000] KEHC 127 (KLR) High Court of Kenya 14 July 2000

SILVANUS ARTHUR ODHIAMBO v SPECIAL STEEL MILLS LTD. [2000] KEHC 168 (KLR)

✦ The court awards the plaintiff Shs.776,000 in total damages, including general damages, loss of earning capacity, cost of artificial arm, and special damages.

[2000] KEHC 168 (KLR) High Court of Kenya 14 July 2000

CORPORATE INSURANCE CO. LTD. v TRADE INSURANCE BROKERS LTD. [2000] KEHC 508 (KLR)

✦ The Court allows the Plaintiff's application for summary judgment of Ksh.803,377/- as due and owing.

[2000] KEHC 508 (KLR) High Court of Kenya 14 July 2000

INSURANCE COMPANY OF EAST AFRICA LIMITED v JANE MUTAVE NZWILI [2000] KEHC 184 (KLR)

✦ The application to add Peter Irungu Murage as a party to the suit is allowed.

[2000] KEHC 184 (KLR) High Court of Kenya 14 July 2000

ISABEL WAFFUBWA vs THE DIRECTOR KENYA WILDLIFE SERVICES & THE ATTORNEY GENERAL [2000] KEHC 105 (KLR)

✦ The preliminary objection is upheld

[2000] KEHC 105 (KLR) High Court of Kenya 14 July 2000

EMMA W. MURAI & 5 OTHERS v NAIROBI CITY COUNCIL [2000] KEHC 202 (KLR)

[2000] KEHC 202 (KLR) High Court of Kenya 12 July 2000

PETER KANGETHE v GEOFFREY GIKONYO [2000] KEHC 46 (KLR)