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PAUL MUCHUKI GAKIBE V PHILIP KAMAU GAKIBE [2008] eKLR

Case Number: Civil Appeal 3 of 2008 Date Delivered: 20 Nov 2008

Judge: Jeanne Wanjiku Gacheche

Court: High Court at Nairobi (Milimani Law Courts)

Parties: PAUL MUCHUKI GAKIBE v PHILIP KAMAU GAKIBE

Citation: PAUL MUCHUKI GAKIBE V PHILIP KAMAU GAKIBE [2008] eKLR

[Ruling] Civil Procedure-execution-stay the execution-application for an order to stay the execution of that decree and further that there be an order for status quo to prevail on the subject parcels, until his appeal is heard and determined-grounds that unless the orders which he seeks are granted, his appeal would be rendered nugatory-that his appeal had high chance of success-application opposed on the grounds that it was incompetent having been brought under the wrong sections of the law-that the applicant had not demonstrated what substantial loss he stood to suffer-claims that the applicant has no locus standi in this matter for he was not a party in the suit where this appeal emanates from-where the applicant had relied on section 47 of the Succession Act which granted the court the jurisdiction to entertain any application and determine any dispute there under-whether the Probate and Administration Rules specifically cater for applications for stay of executions-whether the application was fatally defective-the Law of Succession Act section 47 of; Probate and Administration Rules, rules 63 and 73

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ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

Case Number: Miscellaneous Civil Application 205 of 2000 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI

Citation: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

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TRUST BANK LTD V AJAY SHAH & 3 Others [2008] eKLR

Case Number: Civil Case 875 of 2001 Date Delivered: 20 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: TRUST BANK LTD v AJAY SHAH, NITIN CHANDARIA, VINOD PATEL & JIGNESH DESAI

Citation: TRUST BANK LTD V AJAY SHAH & 3 Others [2008] eKLR

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DAVID TANUI LELEI & ANOTHER V ATTORNEY GENERAL & 2 OTHERS [2008] eKLR

Case Number: Cr. Misc. App. 9 of 2008 Date Delivered: 20 Nov 2008

Judge: Mary Atieno Ang'awa

Court: High Court at Kericho

Parties: DAVID TANUI LELEI & STANDLEY TANUI LELEI V ATTORNEY GENERAL, KIPKELION OFFICER COMMANDING STATION & KIPKELION OFFICER IN CHARGE OF CRIME

Citation: DAVID TANUI LELEI & ANOTHER V ATTORNEY GENERAL & 2 OTHERS [2008] eKLR

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DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES & ANOTHER[2008] eKLR

Case Number: Miscellaneous Civil Application 112 of 2008 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES & ANOTHER

Citation: DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES & ANOTHER[2008] eKLR

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LENSON MAINA RUMINJO V MARY WANJA GACHOMO [2008] eKLR

Case Number: Succession Cause 26 of 2007 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: LENSON MAINA RUMINJO V MARY WANJA GACHOMO

Citation: LENSON MAINA RUMINJO V MARY WANJA GACHOMO [2008] eKLR

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CHRISTOPHER PETER KINYUA MWAI V LAWRENCE KARAI MWAI & 2 Others [2008] eKLR

Case Number: Civil Case 215 of 1996 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: CHRISTOPHER PETER KINYUA MWAI v LAWRENCE KARAI MWAI, I.P. EUSTACE WANJOHI & ATTORNEY GENERAL

Citation: CHRISTOPHER PETER KINYUA MWAI V LAWRENCE KARAI MWAI & 2 Others [2008] eKLR

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MARGARET WANGECHI NDERI V JUSTUS KARUIGI CHUANI [2008] eKLR

Case Number: Civil Case 43 of 2008 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: MARGARET WANGECHI NDERI v JUSTUS KARUIGI CHUANI

Citation: MARGARET WANGECHI NDERI V JUSTUS KARUIGI CHUANI [2008] eKLR

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RUSTAM HIRA ADVOCATES V SULEIMAN RAHEMTULLA OMAR & Another [2008] eKLR

Case Number: Civil Appeal 207 of 2006 Date Delivered: 20 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: RUSTAM HIRA ADVOCATES v SULEIMAN RAHEMTULLA OMAR & ZAKINA SULEIMAN OMAR

Citation: RUSTAM HIRA ADVOCATES V SULEIMAN RAHEMTULLA OMAR & Another [2008] eKLR

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MOHAMMED ISAHAKIA V NATION MEDIA GROUP LIMITED & 2 Others [2008] eKLR

Case Number: Civil Suit 615 of 2007 Date Delivered: 20 Nov 2008

Judge: John Micheal Khamoni

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MOHAMMED ISAHAKIA v NATION MEDIA GROUP LIMITED, WANGETHI MWANGI & TONY KAGO

Citation: MOHAMMED ISAHAKIA V NATION MEDIA GROUP LIMITED & 2 Others [2008] eKLR

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MUCHIRI KARAYA & ANOTHER V EPHRAIM MWANGI KARAYA & ANOTHER [2008] eKLR

Case Number: Civil Case 363'A' of 1993 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: MUCHIRI KARAYA & MARY NYAMBURA KARAYA V EPHRAIM MWANGI KARAYA & BENSON GATEI MACHARIA

Citation: MUCHIRI KARAYA & ANOTHER V EPHRAIM MWANGI KARAYA & ANOTHER [2008] eKLR

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ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

Case Number: Miscellaneous Civil Application 205 of 2000 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI

Citation: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

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Timothy Mwangi Njuguna V National Bank Of Kenya & 2 Others

Case Number: Civil Suit 455 of 2008 Date Delivered: 20 Nov 2008

Judge: Luka Kiprotich Kimaru

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

Parties: Timothy Mwangi Njuguna v national Bank of Kenya, John Njuguna Timothy& Antony Nahashon Ngunjiri

Citation: Timothy Mwangi Njuguna V National Bank Of Kenya & 2 Others

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TIMOTHY MWANGI NJUGUNA V NATIONAL BANK OF KENYA & 2 OTHERS [2008] eKLR

Case Number: Civil Suit 455 of 2008 Date Delivered: 20 Nov 2008

Judge: Luka Kiprotich Kimaru

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

Parties: TIMOTHY MWANGI NJUGUNA V NATIONAL BANK OF KENYA, JOHN NJUGUNA TIMOTHY t/a MUTHU ENTERPRISES & ANTONY NAHASHON NGUNJIRI

Citation: TIMOTHY MWANGI NJUGUNA V NATIONAL BANK OF KENYA & 2 OTHERS [2008] eKLR

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FESTUS NGOLU M’IBURI V ABDALLA CHULLU & Another [2008] eKLR

Case Number: Civil Suit 1348 of 2000 Date Delivered: 20 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: FESTUS NGOLU M’IBURI v ABDALLA CHULLU & UNIFREIGHT CONVEYORS (K) LTD

Citation: FESTUS NGOLU M’IBURI V ABDALLA CHULLU & Another [2008] eKLR

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In Re Estate Of Nahashon Kaburu Mundui (Deceased) [2008] eKLR

Case Number: Succession 232 of 2008 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: In Re Estate of Nahashon Kaburu Mundui (Deceased)

Citation: In Re Estate Of Nahashon Kaburu Mundui (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-rectification-application for the rectification of the certificate of confirmation of grant of letters of administration issued-claims that the suit premises were being wasted by their beneficiaries who refused to take out letters of administration-applicant’s deceased husband having been a co-owner with the respondents on that piece of property-where the applicant was seeking that portion of the plot that rightly belonged to the estate of her deceased husband be made available for distribution to the beneficiaries of the said estate-objection to the application on the grounds that the deceased’s husband had ceded his interests in the suit property-respondents failing to adduce proof to this effect-whether the applicant was entitled to her deceased’s husbands portion-Probate and Administration Rules, rule 49 and 73

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DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES APPEAL COMMITTEE & 6 OTHERS [2008] eKLR

Case Number: Misc. Civ. Appli. 112 of 2008 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES APPEAL COMMITTEE & 6 OTHERS

Citation: DICKSON MIRICHO MURIUKI V CENTRAL PROVINCIAL LAND DISPUTES APPEAL COMMITTEE & 6 OTHERS [2008] eKLR

[Ruling] Judicial Review-certiorari-joinder of parties-application for leave to amend notice of motion and join the chief Magistrate’s court as a respondent in the case to enable the decree passed in the court to be challenged in the instant proceedings- application opposed on the ground that the chief Magistrate’s Court could not be enjoined at that stage – further that there were no provisions for amending judicial review applications under order 53 rule 4 of the Civil Procedure Rules; the only pleadings that could be amended were affidavits and statements of facts –whether the objection was merited- order 1 rule 10 (1) & (2), VIA rule 3(1), 4, 5 (1) & 8 of the Civil Procedure Rules

Judicial Review Proceedings-nature of the proceedings-applicability of the civil procedure act in judicial review proceedings- judicial review being a jurisdiction which is sui generis (neither criminal or civil) and accordingly Civil Procedure Act and the rules made there under are inapplicable-order 53 a special jurisdiction as the rules therein are made under the provisions of section 9 of the Law Reform Act and not under the Civil Procedure Act – where in exercising powers under order LIII, the court neither exercises civil or criminal jurisdiction –whether it was competent to invoke section 3A and order 1 rule 8 of the Civil Procedure Rules and sections 42, 79 and 80 of the Constitution of Kenya

Judicial review-certiorari-time within which to commence the proceedings-where the prescribed 6 months time within which to challenge the order of the court complained of had expired -whether it was possible to extend beyond the 6 months the provision being a creature of the law reform Act

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JOSPHAT MBUTHIA MUNENE V MUTHONI KARIUKI MUNENE [2008] eKLR

Case Number: Misc. Civ. Appli. 115 of 2006 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: JOSPHAT MBUTHIA MUNENE v MUTHONI KARIUKI MUNENE

Citation: JOSPHAT MBUTHIA MUNENE V MUTHONI KARIUKI MUNENE [2008] eKLR

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APRICOT APPLE PROMOTIONS V STANBIC BANK LIMITED [2008] eKLR

Case Number: Civil Case 3016 of 1997 Date Delivered: 20 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: APRICOT APPLE PROMOTIONS v STANBIC BANK LIMITED

Citation: APRICOT APPLE PROMOTIONS V STANBIC BANK LIMITED [2008] eKLR

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DAVID TANUI LELEI & ANOTHER V ATTORNEY GENERAL & 2 OTHERS [2008] eKLR

Case Number: Criminal Misc. App. 9 of 2008 Date Delivered: 20 Nov 2008

Judge: Mary Atieno Ang'awa

Court: High Court at Kericho

Parties: DAVID TANUI LELEI & STANDLEY TANUI LELEI V ATTORNEY GENERAL, KIPKELION OFFICER COMMANDING STATION & KIPKELION OFFICER IN CHARGE OF CRIME

Citation: DAVID TANUI LELEI & ANOTHER V ATTORNEY GENERAL & 2 OTHERS [2008] eKLR

[Ruling]-Criminal practice and procedure-bail-application for bail in anticipation of arrest-where there was a family dispute on ownership of land –the applicants had eminent fears of being arrested and or evicted from the 300 acres of land – whether the application could be allowed

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ABI DOTKOM COMMUNICATION LTD V EQUITY BANK LIMITED & Another [2008] eKLR

Case Number: Civil Appeal 525 of 2008 Date Delivered: 20 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: ABI DOTKOM COMMUNICATION LTD v EQUITY BANK LIMITED & ANTIQUE AUCTIONEERS LTD

Citation: ABI DOTKOM COMMUNICATION LTD V EQUITY BANK LIMITED & Another [2008] eKLR

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In Re Estate Of Gitundu Muchira (Deceased) [2008] eKLR

Case Number: Succession Cause 277 of 1996 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: In Re Estate of Gitundu Muchira (Deceased)

Citation: In Re Estate Of Gitundu Muchira (Deceased) [2008] eKLR

[Ruling] Family Law-grant-application for the reinstatement of the application for revocation of grant of letters of administration-grounds that the applicant stands to suffer great loss and damage if the application is not reinstated for hearing-that this being a long standing land case it should be handled with great care and be heard on merits-application having been dismissed when the applicant failed to attend court-claims that failure to attend court was not deliberate but was occasioned by sudden change in location where the High Court was sitting- application having been called out and dismissed for want of attendance because the applicant attended the wrong court-objection on the grounds that the application was bad in law, mischievous and an abuse of the court process-exercise of courts discretion-whether the applicant should have sought an order of review or reinstatement- Probate and Administration Rules, rules 49 and 73

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MOSES GATHIRIMU KIMARI V CHARLES MUCHEMI KARIUKI & Another [2008] eKLR

Case Number: Misc Appli 137 of 2008 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: MOSES GATHIRIMU KIMARI v CHARLES MUCHEMI KARIUKI Alias MUCHEMI KARIUKI & TIMOTHY KAGONDU KARIUKI

Citation: MOSES GATHIRIMU KIMARI V CHARLES MUCHEMI KARIUKI & Another [2008] eKLR

[Ruling]-Civil practice and procedure-time-extension of time application for extension of time to file suit to recover consideration paid /enforce a contract of sale of land-duty of the applicant to satisfy the court that the delay was occasioned by a mistake-the court having suo motu referred the suit to the land dispute tribunal -whether the decision to refer the suit to the land dispute tribunal was a mistake-whether the applicant is estopped from challenging the decision of the magistrate court-whether the applicant had an option of challenging the decision by an application for review or appeal-whether the application had merit-Limitations of Actions Act section 26 (c ).

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ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

Case Number: Misc Civil Appli 205 of 2000 Date Delivered: 20 Nov 2008

Judge: Milton Stephen Asike Makhandia

Court: High Court at Nyeri

Parties: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI

Citation: ONESMUS WAWERU GITHIOMI V KENNETH GITHAIGA MWANGI [2008] eKLR

[Ruling]-family law-probate and administration-revocation of grant-application for revocation of grant- the applicant had petitioned for grant of probate and the respondent for the grant of letters of administration intestate-where the applicant had moved  the court to consolidate the two succession causes leading to the grant of letters of administration intestate in favour of  the respondent-claim by the applicant that grant of letters of administration were obtained through fraudulent proceedings and concealment of material fact-whether by consenting to the process the applicant is estopped from raising those concerns-whether there was a basis for revocation of the grant- Probate and Administration rules rule 44.

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KENYA ANTI – CORRUPTION COMMISSION V STANLEY MOMBO AMUTI [2008] eKLR

Case Number: Civil Case 448 of 2008 (OS) Date Delivered: 20 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: KENYA ANTI – CORRUPTION COMMISSION v STANLEY MOMBO AMUTI

Citation: KENYA ANTI – CORRUPTION COMMISSION V STANLEY MOMBO AMUTI [2008] eKLR

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PONANGIPALLI VENKATA RAMANA RAO & 2 Others V MRC NAIROBI EPX LIMITED & 3 Others [2008] eKLR

Case Number: Civil Case 19 of 2007 Date Delivered: 19 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: PONANGIPALLI VENKATA RAMANA RAO, KOLLURI VENKATA SUBBARAYA KAMASASTRY & EABS BANK LIMITED v MRC NAIROBI EPX LIMITED, MAERSK KENYA LIMITED, PUNCHIHEWA PRASADA ROBERT & PUNCHIHEWA MERCY SUSILA

Citation: PONANGIPALLI VENKATA RAMANA RAO & 2 Others V MRC NAIROBI EPX LIMITED & 3 Others [2008] eKLR

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CHART ENGINEERING ENTERPRISES LTD V ATTRACTING SUPPLIES LTD [2008] eKLR

Case Number: Civil Case 406 of 2008 Date Delivered: 19 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: CHART ENGINEERING ENTERPRISES LTD v ATTRACTING SUPPLIES LTD

Citation: CHART ENGINEERING ENTERPRISES LTD V ATTRACTING SUPPLIES LTD [2008] eKLR

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In Re The Estate Of Lerionka Ole Ntutu (Deceased) [2008] eKLR

Case Number: Succession Cause 1263 of 2000 Date Delivered: 19 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re The Estate of Lerionka Ole Ntutu (Deceased)

Citation: In Re The Estate Of Lerionka Ole Ntutu (Deceased) [2008] eKLR

[Ruling] Family Law-succession-distribution of the estate-objection to the proposed distribution-where the proposed distribution leaves out the daughters on the grounds that as per Maasai custom girls were not entitled to inherit from their fathers-right of daughters to inherit the estate of a father-provisions of the Law of Succession Act-prohibition of discrimination on the basis of sex-Banglore Principles-Banjul Charter (1981)-whether the applicable law in respect of the estate herein is Maasai customary law or Law of Succession Act-whether certain communities are exempt from the provisions of this law-the Constitution section 82(4)

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REPUBLIC V STANLEY NJOGU KUNGU [2008] eKLR

Case Number: Criminal Case 57 of 2006 Date Delivered: 19 Nov 2008

Judge: OK Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC v STANLEY NJOGU KUNGU

Citation: REPUBLIC V STANLEY NJOGU KUNGU [2008] eKLR

[Ruling] Criminal practice and procedure-murder-preliminary objection-application challenging the legality of proceedings-violation of rights-where the accused was held in police custody longer than the law stipulates-whether the prosecution reasonably explained the inordinate delay-whether the application had merit-Penal Code sections 203, 204; Constitution section 72 (3) (b), (5)

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In Re Estate Of Margaret Judith (Deceased) [2008] eKLR

Case Number: Succession Cause 343 of 2000 Date Delivered: 19 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Estate of Margaret Judith (Deceased)

Citation: In Re Estate Of Margaret Judith (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-grant-summons for revocation-application seeking to revoke the grant of representation issued to the Administratix-grounds that there was a concealment of material fact-where the petitioner failed to include some of the deceaseds children in the list of beneficiaries-effect of-proof that they were indeed his children-whether the applicant was entitled to the orders sought

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REPUBLIC V PAUL OTIENO NDEJWE & Another [2008] eKLR

Case Number: Criminal Case 38 of 2005 Date Delivered: 19 Nov 2008

Judge: Daniel Kiio Musinga

Court: High Court at Kisii

Parties: REPUBLIC v PAUL OTIENO NDEJWE & PAUL OUMA OTEINO

Citation: REPUBLIC V PAUL OTIENO NDEJWE & Another [2008] eKLR

[Ruling] Criminal practice and procedure-murder-rights of the accused-whether there was violation of the accuseds rights-where there had been an inordinate delay of 10 days-whether the prosecution had explained the delay-whether the trial was a nullity-Penal Code sections 203, 204; Constitution section 72 (3) (b)

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REPUBLIC V OCPD NYAMIRA POLICE STATION & Another [2008] eKLR

Case Number: Criminal Misc. Appli. 163 of 2006 Date Delivered: 19 Nov 2008

Judge: Daniel Kiio Musinga

Court: High Court at Kisii

Parties: REPUBLIC v OCPD NYAMIRA POLICE STATION & ARASTOS OBUTU KOMBO

Citation: REPUBLIC V OCPD NYAMIRA POLICE STATION & Another [2008] eKLR

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MARY KIGO MUNGAI & Another V SAMUEL MBURU KIRATU & Another [2008] eKLR

Case Number: Civil Case 445 of 2000 Date Delivered: 19 Nov 2008

Judge: David Kenani Maraga

Court: High Court at Nakuru

Parties: MARY KIGO MUNGAI & FRANCIS MWAURA KURIA v SAMUEL MBURU KIRATU & DANIEL NGANGA KIRATU

Citation: MARY KIGO MUNGAI & Another V SAMUEL MBURU KIRATU & Another [2008] eKLR

[Ruling] Civil Practice and Procedure-striking out of suit-application to strike out suit on the ground that it was frivolous vexatious and otherwise an abuse of the process of the court where the defendant/applicant had admited having sold and transferred a portion of his land to the first plaintiff both in his defence and in the affidavit in support of the application-where he claimed that the reason why he had not transferred the land back to the first plaintiff was because of the caution she had lodged against the title-whether the excuse was justified-whether the application was merited-Section 3A of the Civil Procedure Act and Order 6 Rule 13(a), (b) and (d) of the Civil Procedure Rules

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In Re Estate Of Francis Kamau Njuguna (Deceased) [2008] eKLR

Case Number: Succession Cause 2710 of 2003 Date Delivered: 18 Nov 2008

Judge: Jeanne Wanjiku Gacheche

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re estate of Francis Kamau Njuguna (Deceased)

Citation: In Re Estate Of Francis Kamau Njuguna (Deceased) [2008] eKLR

Family Law-probate and administration-estate of the deceased-where the beneficiaries to the estate of the deceased could not agree on the manner of the distribution-where the protestors did not appear in court despite being served with the notice of hearing-effect of-factors the court considers in such applications-validity of decision of the court- Probate and Administration Rules rule 41

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BERNADATTA KANINI MUTUKU V PETER NZUKI NDETI [2008] eKLR

Case Number: Civil Case 104 of 2008 Date Delivered: 18 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: BERNADATTA KANINI MUTUKU v PETER NZUKI NDETI

Citation: BERNADATTA KANINI MUTUKU V PETER NZUKI NDETI [2008] eKLR

Civil Law-injunction- temporary injunction application by the plaintiff for an injunction restraining the Defendant from trespassing, removing beacons, claiming ownership or possession, erecting any developments, planting trees or any crops, or from preventing the Plaintiff from using the land, or from removing any fence or developments erected by the Plaintiff and from preventing the Plaintiff from quietly enjoying the suit property pending hearing and final determination of the suit where the defendants contended that the title to the land was fraudulently obtained by the plaintiff/applicant- guiding principles in such applications-whether the application was merited- Order 39 Rules 1, 2, and 3 of the Civil Procedure Rules

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MUSANGO KIELA & Another V KENGOLD ENTERPRISES LTD [2008] eKLR

Case Number: Civil Case 94 of 2002 Date Delivered: 18 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: MUSANGO KIELA & DIANA DANIEL MUSANGI v KENGOLD ENTERPRISES LTD

Citation: MUSANGO KIELA & Another V KENGOLD ENTERPRISES LTD [2008] eKLR

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NATIONAL OIL CORPORATION OF KENYA LTD V ROY SPARES AND HAULIERS LTD [2008] eKLR

Case Number: Civil Case 42 of 2006 Date Delivered: 18 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: NATIONAL OIL CORPORATION OF KENYA LTD v ROY SPARES AND HAULIERS LTD

Citation: NATIONAL OIL CORPORATION OF KENYA LTD V ROY SPARES AND HAULIERS LTD [2008] eKLR

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MUIRI COFFEE ESTATE LTD V KENYA COMMERCIAL BANK LTD & 3 Others [2008] eKLR

Case Number: Civil Case 505 of 2008 Date Delivered: 18 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: MUIRI COFFEE ESTATE LTD v KENYA COMMERCIAL BANK LTD, BENJOH AMALGAMATED LTD, DAVID G. KARIUKI t/a WATTS ENTERPRISES & BIDII KENYA LTD

Citation: MUIRI COFFEE ESTATE LTD V KENYA COMMERCIAL BANK LTD & 3 Others [2008] eKLR

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In Re Estate Of Edith Mumbi Mbiru (Deceased) [2008] eKLR

Case Number: Succession Cause 1880 of 1998 Date Delivered: 18 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Estate of Edith Mumbi Mbiru (Deceased)

Citation: In Re Estate Of Edith Mumbi Mbiru (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-grant-summons for revocation-application seeking to revoke the grant of representation issued-where the basic issue to determine was how much portion of the estate properly the objector was entitled to inherit-objector claiming that he was an equal beneficiary of the estate with the Administrator and was not entitled only to a portion given to him-claims that he was the objectors adopted son-proof of-factors the court considers in such applications-whether the applicant was entitled to the application sought

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In Re Estate Of George Mbugua Ngare (Deceased) [2008] eKLR

Case Number: Succession Cause 855 of 1995 Date Delivered: 18 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Estate of George Mbugua Ngare (Deceased)

Citation: In Re Estate Of George Mbugua Ngare (Deceased) [2008] eKLR

[Ruling] Civil Procedure-execution-stay the execution-application for orders of stay of execution of orders made-grounds that the appeal was arguable as demonstrated in memorandum of appeal-where the crucial issue of the long delay in filing the application was not addressed-delay in filing any application to be sufficiently explained-application opposed on the grounds that it was not made in good faith-effect of-factors the court considers in such applications-whether the application had merit

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KENBOX INDUSTRIES LTD V RAMESH SHAH [2008] eKLR

Case Number: Civil Suit 1107 of 1990 Date Delivered: 18 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: KENBOX INDUSTRIES LTD v RAMESH SHAH

Citation: KENBOX INDUSTRIES LTD V RAMESH SHAH [2008] eKLR

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COMHARD LIMITED V SOUTH NYANZA SUGAR COMPANY [2008] eKLR

Case Number: Civil Suit 1590 of 1998 Date Delivered: 18 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: COMHARD LIMITED v SOUTH NYANZA SUGAR COMPANY

Citation: COMHARD LIMITED V SOUTH NYANZA SUGAR COMPANY [2008] eKLR

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REPUBLIC V SAMUEL MWAURA NJENGA [2008] eKLR

Case Number: CRIMINAL CASE 82 OF 2006 Date Delivered: 18 Nov 2008

Judge: OK Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC v SAMUEL MWAURA NJENGA

Citation: REPUBLIC V SAMUEL MWAURA NJENGA [2008] eKLR

[Ruling] Criminal practice and procedure-murder-preliminary objection-application challenging the legality of the proceedings-where the accused was in custody for a period of 125 days-whether the prosecution had satisfactorily explained the inordinate delay-whether the accuseds rights were violated-effect of-Penal Code sections 203, 204; Constitution section 72 (3) (b)

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JOHN KABA & 3 Others V HYDRO DEVELOPERS LTD [2008] eKLR

Case Number: Civil Suit 453 of 2008 Date Delivered: 18 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOHN KABA, FRASHIER WAIRIMU, VIRGINIA NJERI & TRUSTEES OF APOSTOLIC FOUNDATION FELLOWSHIP v HYDRO DEVELOPERS LTD

Citation: JOHN KABA & 3 Others V HYDRO DEVELOPERS LTD [2008] eKLR

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MATHEW MUGO V CHRISTOPHER O. KENYARIRI [2008] eKLR

Case Number: Civil Appeal 520 of 2008 Date Delivered: 18 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MATHEW MUGO v CHRISTOPHER O. KENYARIRI

Citation: MATHEW MUGO V CHRISTOPHER O. KENYARIRI [2008] eKLR

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JOHN ISAAC OBIYE V STANDARD ASSURANCE (K) LIMITED [2008] eKLR

Case Number: Civil Case 442 of 2008 Date Delivered: 18 Nov 2008

Judge: Ruth Nekoye Sitati

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOHN ISAAC OBIYE v STANDARD ASSURANCE (K) LIMITED

Citation: JOHN ISAAC OBIYE V STANDARD ASSURANCE (K) LIMITED [2008] eKLR

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MOSE NYAMBEGA V WALTER ENOCK NYAMBATI OSEBE & 2 OTHERS [2008] eKLR

Case Number: Election Petition 4 of 2008 Date Delivered: 17 Nov 2008

Judge: Mohammed Khadhar Ibrahim

Court: High Court at Kisii

Parties: MOSE NYAMBEGA V WALTER ENOCK NYAMBATI OSEBE, LAWRENCE OLE SEMPELE & ELECTORAL COMMISSION OF KENYA

Citation: MOSE NYAMBEGA V WALTER ENOCK NYAMBATI OSEBE & 2 OTHERS [2008] eKLR

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HASSAN MUSTAFA V BERTI BERHANE HAGOS [2008] eKLR

Case Number: Civil Case 381 of 2008 Date Delivered: 17 Nov 2008

Judge: Joyce Nuku Khaminwa

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

Parties: HASSAN MUSTAFA V BERTI BERHANE HAGOS

Citation: HASSAN MUSTAFA V BERTI BERHANE HAGOS [2008] eKLR

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USHABEN SURENDRA PATEL & Another V STAGE MATTRESSES LTD [2008] eKLR

Case Number: Civil Suit 44 of 2008 Date Delivered: 17 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: USHABEN SURENDRA PATEL & MANJULA MAHENDRA PATEL v STAGE MATTRESSES LTD

Citation: USHABEN SURENDRA PATEL & Another V STAGE MATTRESSES LTD [2008] eKLR

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JOSEPHINE SUKULU V JOYCE K.K. MULINGE & Another [2008] eKLR

Case Number: Civil Case 42 of 2008 Date Delivered: 17 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: JOSEPHINE SUKULU v JOYCE K.K. MULINGE & NDITHHA M. KINGOTI T/A MAX AUCTIONEERS

Citation: JOSEPHINE SUKULU V JOYCE K.K. MULINGE & Another [2008] eKLR

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