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Case Action: Ruling


JOSEPH OMWAMBO OWITI V MAGADI SODA CO. LTD & Another [2008] eKLR

Case Number: Civil Case 1889 of 1999 Date Delivered: 26 Sep 2008

Judge: Roselyn Naliaka Nambuye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOSEPH OMWAMBO OWITI v MAGADI SODA CO. LTD & another

Citation: JOSEPH OMWAMBO OWITI V MAGADI SODA CO. LTD & Another [2008] eKLR

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BRINKS SECURITY SERVICES LTD. V NEW KENYA CO-OPERATIVE CREAMERIES LTD. [2008] eKLR

Case Number: Civil Case 53 of 2007 Date Delivered: 26 Sep 2008

Judge: Paul Kihara Kariuki

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: BRINKS SECURITY SERVICES LTD. v NEW KENYA CO-OPERATIVE CREAMERIES LTD.

Citation: BRINKS SECURITY SERVICES LTD. V NEW KENYA CO-OPERATIVE CREAMERIES LTD. [2008] eKLR

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HARRIS KIBATHI THUO V CO-OPERATIVE BANK OF KENYA LTD. [2008] eKLR

Case Number: Civil Case 562 of 2007 Date Delivered: 26 Sep 2008

Judge: Paul Kihara Kariuki

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: HARRIS KIBATHI THUO v CO-OPERATIVE BANK OF KENYA LTD.

Citation: HARRIS KIBATHI THUO V CO-OPERATIVE BANK OF KENYA LTD. [2008] eKLR

[Ruling] Civil practice and procedure - injunction -

Civil procedure rules order 39 rules 1 (a), 2, 3 and 9;

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ELISHA AKECH CHIENG & Another V NATIONAL HOUSING CORPORATION [2008] eKLR

Case Number: Civil Case 41 of 2008 Date Delivered: 26 Sep 2008

Judge: Daniel Kiio Musinga

Court: High Court at Kisii

Parties: ELISHA AKECH CHIENG & PHOEBE ADHIAMBO SOTIY v NATIONAL HOUSING CORPORATION

Citation: ELISHA AKECH CHIENG & Another V NATIONAL HOUSING CORPORATION [2008] eKLR

[Ruling] Civil practice and procedure-injunction-application seeking an order of injunction to restrain the defendant from putting into effect clause (f) of the terms and conditions of offer until a suit filed against the defendant was heard and determined-whether the application had merit

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RINYA HOSPITAL LTD V . CO-OPERATIVE BANK OF KENYA LTD & Another [2008] eKLR

Case Number: Civil Case 23 of 2008 Date Delivered: 26 Sep 2008

Judge: Daniel Kiio Musinga

Court: High Court at Kisii

Parties: RINYA HOSPITAL LTD v CO-OPERATIVE BANK OF KENYA LTD & SPORTLIGHT INTERCEPTS KENYA LTD

Citation: RINYA HOSPITAL LTD V . CO-OPERATIVE BANK OF KENYA LTD & Another [2008] eKLR

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VERONICAH WAIYAI WANJIE V LAND DISPUTE TRIBUNAL KIAMBU & Another [2008] eKLR

Case Number: Misc. Appli. 176 of 2002 Date Delivered: 26 Sep 2008

Judge: MA Ang'awa

Court: High Court at Nairobi (Milimani Law Courts)

Parties: VERONICAH WAIYAI WANJIE v LAND DISPUTE TRIBUNAL KIAMBU & another

Citation: VERONICAH WAIYAI WANJIE V LAND DISPUTE TRIBUNAL KIAMBU & Another [2008] eKLR

[RULING] Judicial Review proceedings -stay- where leave to file judicial review proceedings had already been granted which operated as stay where the applicant brought an application seeking to discharge orders of stay -where the applicant was not a party to the suit and had not been named as an interested party- format of Judicial Review proceedings- where the advocate for the applicant ought to have applied to be enjoined to the matter as an interested party- whether the application was regularly before the court-Order 9B r 3 a Civil Procedure Rules Order ,53 r 3(1)

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SALOME WAINJIKU NJUGUNA V JOEL KUNGU WAINAINA & Another [2008] eKLR

Case Number: Civil Case 2115 of 2007 Date Delivered: 26 Sep 2008

Judge: MA Ang'awa

Court: High Court at Nairobi (Milimani Law Courts)

Parties: SALOME WAINJIKU NJUGUNA v JOEL KUNGU WAINAINA & WILSON WAITHAKA G ITAU

Citation: SALOME WAINJIKU NJUGUNA V JOEL KUNGU WAINAINA & Another [2008] eKLR

[Ruling] Civil Practice and Procedure-injunction- application for injunction by the plaintiff restraining the defendants from transferring the said propriety to a third party-where the defendant brought to the attention of the court another suit on tort where the property was auctioned and bought by the defendant to recover damages awarded-where respondent showed to court that there was fraud on the plaintiffs applicants part as she attempted to change the status of the matter-where the plaintiff had failed to disclose the existence of the earlier case-whether the injunctive orders could be granted

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KAHUTHU AND KAHUTHU ADVOCATES V KENYA TEA DEVELOPMENT AGENCY LTD & Another [2008] eKLR

Case Number: Misc. Appli. 242 of 2007 Date Delivered: 26 Sep 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: KAHUTHU AND KAHUTHU ADVOCATES v KENYA TEA DEVELOPMENT AGENCY LTD & GITHAMBO TEA FACTORY LIMITED

Citation: KAHUTHU AND KAHUTHU ADVOCATES V KENYA TEA DEVELOPMENT AGENCY LTD & Another [2008] eKLR

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SAFI TERRAZO AND GENERAL CONSTRACTORS LIMITED V TERESIA NJERI T/A GATA GENERAL AGENCIES [2008] eKLR

Case Number: Civil Suit 300 of 2005 Date Delivered: 26 Sep 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: SAFI TERRAZO AND GENERAL CONSTRACTORS LIMITED v TERESIA NJERI T/A GATA GENERAL AGENCIES

Citation: SAFI TERRAZO AND GENERAL CONSTRACTORS LIMITED V TERESIA NJERI T/A GATA GENERAL AGENCIES [2008] eKLR

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AGGREY AMUGUNE AKWIYANGA V INDERPAL SINGH (K) LIMITED [2008] eKLR

Case Number: Misc. Civ. Appli. 367 of 2007 Date Delivered: 26 Sep 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: AGGREY AMUGUNE AKWIYANGA v INDERPAL SINGH (K) LIMITED

Citation: AGGREY AMUGUNE AKWIYANGA V INDERPAL SINGH (K) LIMITED [2008] eKLR

[Ruling] Civil practice and procedure - application to file suit out of time -

Civil procedure act section 3A; Civil procedure rules order 36 rule 3c,order 50 rules 1 and 3; Limitation of actions act section 27 (2), section 28  and section 30;

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MWANIKI NYAMU V TIMES NEWS SERVICES LTD & 4 Others [2008] eKLR

Case Number: Civil Case 553 of 2005 Date Delivered: 26 Sep 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MWANIKI NYAMU v TIMES NEWS SERVICES LTD, WILSON KIBET, CHRIS ODWESSO, TOM MSHINDI & THE STANDARD LTD

Citation: MWANIKI NYAMU V TIMES NEWS SERVICES LTD & 4 Others [2008] eKLR

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WANYIRI KIHORO V SURINDERPAL SINGH SYAN & 2 Others [2008] eKLR

Case Number: Civil Appeal 480 of 2008 Date Delivered: 25 Sep 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: WANYIRI KIHORO v SURINDERPAL SINGH SYAN, JASMEER SINGH SYAN & SANATKUMAR SHANTILAL TRIVEDI

Citation: WANYIRI KIHORO V SURINDERPAL SINGH SYAN & 2 Others [2008] eKLR

[Ruling]-Civil practice and procedure-stay of proceedings-application for stay of proceedings pending appeal-grounds that the applicant would suffer substantial loss if adverse orders were made against him by the lower court-where the applicant had the right of appeal-whether the applicant had an arguable appeal-whether the applicant had established sufficient cause to justify the granting of the order for stay of proceedings-whether there was merit in the application-Civil Procedure Rules Order 7 Rules 1 & 2, Order 41; Civil Procedure Act section 3A

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PETER KINYUA NGACHA V JAMES WACHIRA MUNENE [2008] eKLR

Case Number: Civil Case 72 of 2007 Date Delivered: 25 Sep 2008

Judge: MA Ang'awa

Court: High Court at Nairobi (Milimani Law Courts)

Parties: PETER KINYUA NGACHA v JAMES WACHIRA MUNENE

Citation: PETER KINYUA NGACHA V JAMES WACHIRA MUNENE [2008] eKLR

[RULING] Civil Practice and Procedure-Contempt of court - procedure - application for an order of committal for contempt for alleged disobedience of a court order  where the advocate for the defendant argued that the procedure used to come to court was irregular-where there were mandatory provisions that leave of court ought to be sought first before -where these provisions were not complied with-whether the application could be allowed-Order 52 rule 2 of the rules

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MORIONSON HOLDING LIMITED V CITY COUNCIL OF NAIROBI [2008] eKLR

Case Number: Civil Case 432 of 2008 Date Delivered: 25 Sep 2008

Judge: MA Ang'awa

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MORIONSON HOLDING LIMITED v CITY COUNCIL OF NAIROBI

Citation: MORIONSON HOLDING LIMITED V CITY COUNCIL OF NAIROBI [2008] eKLR

[Ruling] Civil Lawpreliminary objection- where there was an application for injunction by the plaintiffs restraining the defendants from trespassing and or alienating the plaintiff property-where the defendant was the defendant was a local authority- where the defendants raised a preliminary objection that the order of injunction cannot issue against the defendant as it was a local authority established under the local Government Act where the only remedy lied in a judicial review or damages-whether the preliminary objection could be upheld

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JOSEPH MBAABU MUGAMBI V COMMISSIONER OF POLICE & Another [2008] eKLR

Case Number: Petition 359 of 2008 Date Delivered: 25 Sep 2008

Judge: George Matatia Abaleka Dulu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOSEPH MBAABU MUGAMBI v COMMISSIONER OF POLICE & ATTORNEY-GENERAL

Citation: JOSEPH MBAABU MUGAMBI V COMMISSIONER OF POLICE & Another [2008] eKLR

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PETRO OIL KENYA LTD. V JOHN WAMBAKHA [2008] eKLR

Case Number: Civil Suit 367 of 2001 Date Delivered: 25 Sep 2008

Judge: Joseph Raphael Karanja

Court: High Court at Kisumu

Parties: PETRO OIL KENYA LTD. v JOHN WAMBAKHA

Citation: PETRO OIL KENYA LTD. V JOHN WAMBAKHA [2008] eKLR

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REPUBLIC V DISTRICT COMMISSIONER (KITUI) [2008] eKLR

Case Number: Civil Misc. Appli. 127 of 2004 Date Delivered: 25 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: REPUBLIC v DISTRICT COMMISSIONER (KITUI)

Citation: REPUBLIC V DISTRICT COMMISSIONER (KITUI) [2008] eKLR

Judicial Review

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KIWANJANI HARDWARE LTD & Another V LABAN KIILU MUTHOKA [2008] eKLR

Case Number: Civil Appeal 17 of 2008 Date Delivered: 25 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: KIWANJANI HARDWARE LTD & NGWILI NZIOKI v LABAN KIILU MUTHOKA [2008] eKLR

Citation: KIWANJANI HARDWARE LTD & Another V LABAN KIILU MUTHOKA [2008] eKLR

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ROSEMARY TENTY AKAI KONA V SAMUEL EPOKHORR KONA [2008] eKLR

Case Number: Misc Civil Appli 25 of 2007 Date Delivered: 25 Sep 2008

Judge: David A Onyancha

Court: High Court at Nairobi (Milimani Law Courts)

Parties: ROSEMARY TENTY AKAI KONA v SAMUEL EPOKHORR KONA

Citation: ROSEMARY TENTY AKAI KONA V SAMUEL EPOKHORR KONA [2008] eKLR

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REPUBLIC V JAMES MAINA KIAMA [2008] eKLR

Case Number: Criminal Case 10 of 2008 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v JAMES MAINA KIAMA

Citation: REPUBLIC V JAMES MAINA KIAMA [2008] eKLR

[Ruling] Criminal law-murder- Preliminary objection by the accused before trial-where accused was arrested upon presenting himself to the police-where the accused was in custody for 77 days- duty of the prosecution to prove to the court that the accused was brought to court as soon as was practicable-where no explanation was given for the delay by the prosecution- whether the accused could be acquitted- sections 203 and  204 of the penal code

Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court  as soon as is reasonably practicable-whether violation of rights of an accused under the constitution can lead to an acquittal -Sections 72(3) and  72(3)(b) of the Constitution.

 

 

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REPUBLIC V JAMES MAINA KIAMA [2008] eKLR

Case Number: Criminal Case 10 of 2008 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v JAMES MAINA KIAMA

Citation: REPUBLIC V JAMES MAINA KIAMA [2008] eKLR

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REPUBLIC VMARY WAMUYU MURIUKI [2008] eKLR

Case Number: Criminal Case 15 of 2007 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC vMARY WAMUYU MURIUKI

Citation: REPUBLIC VMARY WAMUYU MURIUKI [2008] eKLR

[Ruling] Criminal Practice and Procedure-murder-where the prosecution claimed that the accused poisoned the deceased with a pesticide-where the accused submitted at the close of the prosecution case that the prosecution failed to make out a prima facie case against accused-circumstantial evidence – where the evidence was contradicting amongst different witnesses-where it was not clear at what point the accused consumed the poison- whether the accused had a case to answer - section 203 and 204 of the Penal Code and section 306 of the Criminal Procedure Code

Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court within fourteen days after being arrested-where the accused was detained on two separate occasions firstly for two months-whether violation of the constitutional rights without explanation can lead to the acquittal of an accused -Sections 72(3) and 72(3) (b) of the Constitution.

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REPUBLIC V PAUL WAWERU WARUCHUHI [2008] eKLR

Case Number: Criminal Case 20 of 2007 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v PAUL WAWERU WARUCHUHI

Citation: REPUBLIC V PAUL WAWERU WARUCHUHI [2008] eKLR

[Ruling] Criminal law-murder-objection by the accused before trial-where the accused had been detained for close to four months a period in excess of 14 days as provided by the constitution-duty of the prosecution to prove to the court that the accused was brought to court as soon as was practicable-where the explanation given for the delay by the prosecution was inadequate- whether the accused could be acquitted- section 203 and 204 of the Penal Code

Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court  within fourteen days after being arrested-whether violation of the constitutional rights without explanation can lead to the acquittal of an accused -duty of the courts to enforce the provisions of the Constitution-Sections 72(3) and  72(3)(b) of the Constitution.

 

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FRANCIS KIMANI KARIUKI V INTRA AFRICA ASSURANCE CO. LTD [2008] eKLR

Case Number: Civil Case 224 of 2007 Date Delivered: 25 Sep 2008

Judge: David Kenani Maraga

Court: High Court at Nakuru

Parties: FRANCIS KIMANI KARIUKI v INTRA AFRICA ASSURANCE CO. LTD

Citation: FRANCIS KIMANI KARIUKI V INTRA AFRICA ASSURANCE CO. LTD [2008] eKLR

[Ruling] Civil practice and procedure -striking out -

Civil procedure act section 3A; Civil procedure rules order 6 rule 13 (1) (a) (b) and (c) and order 18 rule 4 (b); Insurance (motor vehicles third party risks) act section 7 (1), section 8, section 10 (1), section 10 (2) (a), section 10 (4) 

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MARIGI GACHEHA MACHARIA V MIRIAM WANGUI KIMANI & Another [2008] eKLR

Case Number: Civil Suit 35 of 2006 (OS) Date Delivered: 25 Sep 2008

Judge: David Kenani Maraga

Court: High Court at Nakuru

Parties: MARIGI GACHEHA MACHARIA v MIRIAM WANGUI KIMANI & SAMMY MAINA KIMANI

Citation: MARIGI GACHEHA MACHARIA V MIRIAM WANGUI KIMANI & Another [2008] eKLR

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MULTI OPTIONS LTD. (IN RECEIVERSHIP) V KALPANA S. JAI & 2 Others [2008] eKLR

Case Number: Civil Case 288 of 2007 Date Delivered: 25 Sep 2008

Judge: Joyce Nuku Khaminwa

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: MULTI OPTIONS LTD. (IN RECEIVERSHIP) v KALPANA S. JAI & 2 others

Citation: MULTI OPTIONS LTD. (IN RECEIVERSHIP) V KALPANA S. JAI & 2 Others [2008] eKLR

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AMIT R. GADHIA V CUM PAUL MUTIVA & Another [2008] eKLR

Case Number: Misc Civ. Suit 276 of 2004 Date Delivered: 25 Sep 2008

Judge: Joseph Raphael Karanja

Court: High Court at Kisumu

Parties: AMIT R. GADHIA v CUM PAUL MUTIVA & ELIZABETH MUTIVA

Citation: AMIT R. GADHIA V CUM PAUL MUTIVA & Another [2008] eKLR

Ruling-Civil Practice and Procedure-application-application for dismissal of suit for want of prosecution-where applicant makes the application to the trial court when infact,it ought to be made to the Court of Appeal.-fate of such application.

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REPUBLIC V BENSON MWANGI MARUBU [2008] eKLR

Case Number: Criminal Case 47 of 2007 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v BENSON MWANGI MARUBU

Citation: REPUBLIC V BENSON MWANGI MARUBU [2008] eKLR

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REPUBLIC V JAMES WAWERU MUNYI [2008] eKLR

Case Number: Criminal Case 50 of 2007 Date Delivered: 25 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v JAMES WAWERU MUNYI

Citation: REPUBLIC V JAMES WAWERU MUNYI [2008] eKLR

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BLUE LIMITED V JARIBU CREDIT TRADERS LIMITED [2008] eKLR

Case Number: Civil Suit 157 of 2008 Date Delivered: 25 Sep 2008

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: BLUE LIMITED v JARIBU CREDIT TRADERS LIMITED

Citation: BLUE LIMITED V JARIBU CREDIT TRADERS LIMITED [2008] eKLR

[Ruling] Contract - interim relief pending arbitration -

Arbitration act section 6 (1) (a), section 7 (1); Arbitration rules rule 1995; Civil procedure act section 3A

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NIC BANK LIMITED V STEEL REINFORCEMENTS LTD & 2 Others [2008] eKLR

Case Number: Civil Suit 299 of 2007 Date Delivered: 25 Sep 2008

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: NIC BANK LIMITED v STEEL REINFORCEMENTS LTD, DILIP B. PATEL & PRAKASH BHABAR PATEL

Citation: NIC BANK LIMITED V STEEL REINFORCEMENTS LTD & 2 Others [2008] eKLR

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AVENUE FRESH PRODUCE LIMITED V VIJAY KUMAR SHAMJI PATEL [2008] eKLR

Case Number: Civil Appeal 466 of 2008 Date Delivered: 24 Sep 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: AVENUE FRESH PRODUCE LIMITED v VIJAY KUMAR SHAMJI PATEL

Citation: AVENUE FRESH PRODUCE LIMITED V VIJAY KUMAR SHAMJI PATEL [2008] eKLR

[Ruling]-Civil practice and procedure-preliminary objection-objection to the appellants motion on the grounds that the appellant had not sought the leave of court to file the appeal-whether leave of court was necessary to file an appeal-where the respondent contended that the application was a disguise to execute the orders of the Tribunal-whether the order of temporary injunction was an attempt to enforce the orders of the Tribunal-whether the order of the Tribunal is capable of execution-whether the court in its appellate jurisdiction has jurisdiction to grant orders-Civil Procedure Act sections 75 (1) & 76 (1); Civil Procedure Rules Order 41 Rules 4 (1) & 6, Order 42 Rule 3, Order 50 Rule 14; Landlords & Tenants, (Shops, Hotels and Catering Establishment) Act (Cap 301) sections 14(1) & 15.

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COUNTRY COUNCIL OF KWALE V BAMBURI CEMENT LIMITED [2008] eKLR

Case Number: Civil Suit 5 of 2006 Date Delivered: 24 Sep 2008

Judge: Festus Azangalala

Court: High Court at Mombasa

Parties: COUNTRY COUNCIL OF KWALE v BAMBURI CEMENT LIMITED

Citation: COUNTRY COUNCIL OF KWALE V BAMBURI CEMENT LIMITED [2008] eKLR

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REPUBLIC -v- EPHANTUS MUURU WAMWEA &IN THE MATTER OF RE-INSTATEMENT/APPLICATION FOR BOND BTWN EPHANTUS MUURU WAMWEA & REPUBLIC [2008] eKLR

Case Number: Miscellaneous Criminal Application 277 of 2008 Date Delivered: 24 Sep 2008

Judge: Jackton Boma Ojwang

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC -v- EPHANTUS MUURU WAMWEA &IN THE MATTER OF RE- INSTATEMENT/APPLICATION FOR BOND BTWN EPHANTUS MUURU WAMWEA & REPUBLIC

Citation: REPUBLIC -v- EPHANTUS MUURU WAMWEA &IN THE MATTER OF RE-INSTATEMENT/APPLICATION FOR BOND BTWN EPHANTUS MUURU WAMWEA & REPUBLIC [2008] eKLR

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NDEGWA NDIANGUI V JOEL WAMBUGU GATAMA & Another [2008] eKLR

Case Number: Civil Case 6335 of 1991 Date Delivered: 24 Sep 2008

Judge: MA Ang'awa

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NDEGWA NDIANGUI v JOEL WAMBUGU GATAMA & ELIZABETH MUKUHI GATAMA

Citation: NDEGWA NDIANGUI V JOEL WAMBUGU GATAMA & Another [2008] eKLR

[RULING] Civil Practice and Procedure- vacation of injunction orders-application seeking to have injunction orders vacated-where injunction orders had been granted in favor of the plaintiff/applicant-where the suit was decided in favor of the plaintiff-the applicant wished to register the title against his name but he was unable to do so as his own orders for injunction to restrain the defendant from selling the said land were still registered against the title-the applicant sought to have the lift the order of injunction lodged against the title to enable the said transfer orders to be made in his favor-whether the application could be allowed

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NZILILI MUTHINGA V JULIUS MBILO MUINDE & Another [2008] eKLR

Case Number: Civil Case 52 of 2007 Date Delivered: 24 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: NZILILI MUTHINGA v JULIUS MBILO MUINDE & GOOD NEWS CHURCH OF AFRICA

Citation: NZILILI MUTHINGA V JULIUS MBILO MUINDE & Another [2008] eKLR

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REPUBLIC V DANIEL KIOKO MAWEU & Another [2008] eKLR

Case Number: Criminal Case 72 of 2004 Date Delivered: 24 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: REPUBLIC v DANIEL KIOKO MAWEU & ABEDNEKO MUSAU MAINGI

Citation: REPUBLIC V DANIEL KIOKO MAWEU & Another [2008] eKLR

[Ruling] Criminal practice and procedure-prima facie case-whether the evidence before court was sufficient to warrant the accused persons being placed on their defence-orders of the court-Criminal Procedure Code section 306

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AYUB JUMA MWAKESI V MWAKWERE CHIRAU ALI & 2 Others [2008] eKLR

Case Number: Election Petition 1 of 2008 Date Delivered: 24 Sep 2008

Judge: Joseph Kiplagat Sergon

Court: High Court at Mombasa

Parties: AYUB JUMA MWAKESI v MWAKWERE CHIRAU ALI, ALI MAALIM HASSAN & ELECTORAL COMMISSION OF KENYA

Citation: AYUB JUMA MWAKESI V MWAKWERE CHIRAU ALI & 2 Others [2008] eKLR

[Ruling] Electoral law - striking of paragraphs of the affidavits -

Oaths and statutory declarations act section 8; Oaths and statutory declarations rules rule 9; National assembly election (election petition) rules rule 18 (3)and (7); Civil procedure rules order 18 rule 3 (1)

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MBALUTO NDONYE V JAMES A. MAKAU & 2 Others [2008] eKLR

Case Number: Probate & Admin. Cause 26 of 2002 Date Delivered: 24 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: MBALUTO NDONYE v JAMES A. MAKAU, AMABILIS N. MUATHE & NICHOLAS NJERU NJAGI

Citation: MBALUTO NDONYE V JAMES A. MAKAU & 2 Others [2008] eKLR

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NGURUMAN LIMITED V SHOMPOLE GROUP RANCH & 3 Others [2008] eKLR

Case Number: Civil Case 145 of 2001 Date Delivered: 24 Sep 2008

Judge: John Luka Osiemo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NGURUMAN LIMITED v SHOMPOLE GROUP RANCH, MOSHILA OLE MATAYIAN, NKOITIKO OLE NAPINDIYA & TURANA OLE KUMARI

Citation: NGURUMAN LIMITED V SHOMPOLE GROUP RANCH & 3 Others [2008] eKLR

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REPUBLIC V MAURICE BLAZIO ODHIAMBO [2008] eKLR

Case Number: Criminal Case 43 of 2007 Date Delivered: 24 Sep 2008

Judge: Muga Apondi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC v MAURICE BLAZIO ODHIAMBO

Citation: REPUBLIC V MAURICE BLAZIO ODHIAMBO [2008] eKLR

[Ruling] Criminal practice and procedure-murder-preliminary objection-application of-where the rights of the accused had been infringed by the inordinate delay of 173 days-whether the prosecution discharged its duty of explaining the inordinate delay-whether the proceedings were a nullity-validity of the application-Penal Code section 203, 204; constitution sections 72 (3), 77

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REPUBLIC V NELSON MURIMI KINYUA & Another [2008] eKLR

Case Number: Criminal Case 49 of 2007 Date Delivered: 24 Sep 2008

Judge: Mary Muhanji Kasango

Court: High Court at Nyeri

Parties: REPUBLIC v NELSON MURIMI KINYUA & PETER KAROKI KINYUA

Citation: REPUBLIC V NELSON MURIMI KINYUA & Another [2008] eKLR

[Ruling] Criminal law-murder-objection by the accused before trial-where the accused had been detained for two months- duty of the prosecution to prove to the court that the accused was brought to court as soon as was practicable-where no explanation was given for the delay by the prosecution- whether the accused could be acquitted- section 203 as read with section 204

Constitutional Law-rights of an accused person - rights of an arrested person to be brought to court  as soon as is reasonably practicable-whether violation of rights of an accused under the constitution can lead to an acquittal -Sections 72(3) and  72(3)(b) of the Constitution.

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EPHANTUS MUURU WAMWEA V REPUBLIC [2008] eKLR

Case Number: Misc Cri. Appli. 277 of 2008 Date Delivered: 24 Sep 2008

Judge: Jackton Boma Ojwang

Court: High Court at Nairobi (Milimani Law Courts)

Parties: EPHANTUS MUURU WAMWEA v REPUBLIC

Citation: EPHANTUS MUURU WAMWEA V REPUBLIC [2008] eKLR

[Ruling] Criminal practice and procedure-bond-application of-grounds that the applicant’s bond be reinstated-whether the applicant was in breach of the bond terms in the circumstances of case-whether the application had merit-Criminal Procedure Code sections 123 (1) (3), 125, 126, 132, 133

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VICTORIA NJOKI GATHARA V ANNE MUMBI HINGA [2008] eKLR

Case Number: Misc Civ, Appli. 617 of 2000 Date Delivered: 24 Sep 2008

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: VICTORIA NJOKI GATHARA v ANNE MUMBI HINGA

Citation: VICTORIA NJOKI GATHARA V ANNE MUMBI HINGA [2008] eKLR

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REPUBLIC OF KENYA V RAPHAEL MUGO WARUI [2008] eKLR

Case Number: Misc Judicial Review Appli. 1159 of 2007 Date Delivered: 24 Sep 2008

Judge: John Luka Osiemo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC OF KENYA v RAPHAEL MUGO WARUI

Citation: REPUBLIC OF KENYA V RAPHAEL MUGO WARUI [2008] eKLR

Judicial Review

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EQUATOR BOTTLERS V JOSEPH IMBWENYA & Another [2008] eKLR

Case Number: Civil Appeal 59 of 2007 Date Delivered: 24 Sep 2008

Judge: Joseph Raphael Karanja

Court: High Court at Kisumu

Parties: EQUATOR BOTTLERS v JOSEPH IMBWENYA & ALEA KIHANYA

Citation: EQUATOR BOTTLERS V JOSEPH IMBWENYA & Another [2008] eKLR

[Ruling] Negligence – road traffic accident – 2nd respondent’s motor vehicle colliding with appellant’s motor vehicle - 1st respondent fare paying passenger in motor vehicle owned by 2nd respondent – 1st respondent injured as a result of collision – respondents alleging appellant’s driver negligent and blaming him for accident but no evidence lead to establish the same – appellant leading evidence to establish 2nd respondent negligent and responsible for accident – 2nd respondent not offering evidence to refute negligence attributed to him by appellant – trial magistrate holding both drivers liable – validity of finding.

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ROSE WAKUTHII MWANGI NJUNU V EDWARD KITHINJI & 2 Others [2008] eKLR

Case Number: Civil Case 504 of 2005 Date Delivered: 24 Sep 2008

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: ROSE WAKUTHII MWANGI NJUNU v EDWARD KITHINJI, HOUSING FINANCE CO.OF KENYA LTD & ABDILLAHI WARSAME ALI T/A NADHIA AUCTIONEERS

Citation: ROSE WAKUTHII MWANGI NJUNU V EDWARD KITHINJI & 2 Others [2008] eKLR

.

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MUSYOKA MWANGANGI V REUBEN CHAMBI MUITHYA [2008] eKLR

Case Number: Civil Case 154 of 1998 Date Delivered: 24 Sep 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: MUSYOKA MWANGANGI v REUBEN CHAMBI MUITHYA

Citation: MUSYOKA MWANGANGI V REUBEN CHAMBI MUITHYA [2008] eKLR

.

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CHARLES OMWONDO SUJI & Another V REBECA KAMBU GITAU & 2 Othrs [2008] eKLR

Case Number: Civil Appeal 136 of 2007 Date Delivered: 24 Sep 2008

Judge: Festus Azangalala

Court: High Court at Mombasa

Parties: CHARLES OMWONDO SUJI & MARY WAVINYA MWANGE T/A ONE PALM RESORT AND/OR MACHAS WINES v REBECA KAMBU GITAU, GEORGE DIYA & AMINA POJO- OFFICIAL OF PAJI MUNGU SELF HELP GROUP

Citation: CHARLES OMWONDO SUJI & Another V REBECA KAMBU GITAU & 2 Othrs [2008] eKLR

[Ruling] Civil practice and procedure - stay of execution -

Civil procedure rules order 41 rules 4 and rule 6

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DAVID MUSYIMI NDETEI V DAIMA BANK LTD (IN LIQUIDATION) [2008] eKLR

Case Number: Civil Case 2198 of 2000 Date Delivered: 24 Sep 2008

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: DAVID MUSYIMI NDETEI v DAIMA BANK LTD (IN LIQUIDATION)

Citation: DAVID MUSYIMI NDETEI V DAIMA BANK LTD (IN LIQUIDATION) [2008] eKLR

[Ruling] Civil practice and procedure - stay of execution -

Banking act section 35 (1) and (5) and section 36; Companies act section 220; Civil procedure rules order 21 rule 19 and rule 22 and order 48 rule 3 and order 50 rule 1

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