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Case Action: Ruling


REPUBLIC V PETER NDUATI DEFE & Another [2008] eKLR

Case Number: Criminal Case 102 of 2006 Date Delivered: 12 Nov 2008

Judge: OK Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC v PETER NDUATI DEFE & AMOS KINYANJUI

Citation: REPUBLIC V PETER NDUATI DEFE & Another [2008] eKLR

[Ruling] Criminal practice and procedure-preliminary objection-application of-the accused persons challenged the legality of proceedings-where they alleged violation of rights by being held in custody longer than the law requires-whether the trial was a nullity-whether the application had merit-Constitution section 72 (3) (b); Penal Code section 203, 204

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MASEFIELD TRADING (K) LTD V RUSHMORE COMPANY LIMITED & Another [2008] eKLR

Case Number: Civil Suit 1794 of 2000 Date Delivered: 12 Nov 2008

Judge: Luka Kiprotich Kimaru

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

Parties: MASEFIELD TRADING (K) LTD v RUSHMORE COMPANY LIMITED & FRANCIS M. KIBUI

Citation: MASEFIELD TRADING (K) LTD V RUSHMORE COMPANY LIMITED & Another [2008] eKLR

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NDAFARA COMPANY LIMITED V PAUL KIBUGI MUITE & 2 Others [2008] eKLR

Case Number: Civil Case 590 of 2003 Date Delivered: 12 Nov 2008

Judge: Luka Kiprotich Kimaru

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

Parties: NDAFARA COMPANY LIMITED v PAUL KIBUGI MUITE, GEORGE KANG’ETHE WARUHIU & MBAGE NJUGUNA NGANGA

Citation: NDAFARA COMPANY LIMITED V PAUL KIBUGI MUITE & 2 Others [2008] eKLR

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In Re Estate Of John Kibet Tonui (Deceased) [2008] eKLR

Case Number: Succession Cause 19 of 2005 Date Delivered: 12 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: In Re Estate of John Kibet Tonui (Deceased)

Citation: In Re Estate Of John Kibet Tonui (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-application-application that the court makes reasonable provisions for him as a dependant of the deceased-claims that the deceased had made provisions for the applicant to inherit the property through a council of elders but that he later changed his mind-proof of-application opposed on grounds that no land adjudication had been done at that time at and that at no time was the applicant even a dependant of her late husband-whether the applicant was a dependant of the deceased-Law of Succession Act Section 21 and 29

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JOEL KIMUTAI LANGAT V RUTH CHELANGAT CHEMURWOK [2008] eKLR

Case Number: Succession Cause 69 of 1996 Date Delivered: 12 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: JOEL KIMUTAI LANGAT v RUTH CHELANGAT CHEMURWOK

Citation: JOEL KIMUTAI LANGAT V RUTH CHELANGAT CHEMURWOK [2008] eKLR

[Ruling] Family Law-probate and administration-grant-application for the revocation of-petitioner having passed away-application by son to take over and continue the administration of the estate-where the party who had applied for the revocation failed to show up in court for the hearing although he had been served-effect of-factors the court considers in such applications-whether the applicant had the right to administer the estate

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SURJIT SINGH & MALKIAT SINGH V M/S C. K. AREBA & CO ADVOCATES [2008] eKLR

Case Number: Misc. Case 126 of 2008 Date Delivered: 12 Nov 2008

Judge: Joseph Raphael Karanja

Court: High Court at Kisumu

Parties: SURJIT SINGH & MALKIAT SINGH v M/S C. K. AREBA & CO ADVOCATES

Citation: SURJIT SINGH & MALKIAT SINGH V M/S C. K. AREBA & CO ADVOCATES [2008] eKLR

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SHAH & PAREKH V APOLLO INSURANCE CO. LTD [2008] eKLR

Case Number: Misc Appli 259 of 2003 Date Delivered: 12 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: SHAH & PAREKH v APOLLO INSURANCE CO. LTD

Citation: SHAH & PAREKH V APOLLO INSURANCE CO. LTD [2008] eKLR

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NANCY WAROMO NG’ANG’A V AGNES MUTHONI NG’ANG’A & 2 Others [2008] eKLR

Case Number: Succession Cause 917 of 2008 Date Delivered: 11 Nov 2008

Judge: Jeanne Wanjiku Gacheche

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NANCY WAROMO NG’ANG’A v AGNES MUTHONI NG’ANG’A, ALAN RUBIA NG’ANG’A & SAMMY MWIRIGI NG’ANG’A

Citation: NANCY WAROMO NG’ANG’A V AGNES MUTHONI NG’ANG’A & 2 Others [2008] eKLR

[Ruling] Family Law-probate and administration-grant-application for revocation of limited grant-grounds that the applicant failed to list all the estate assets-effect of-claims that one of the dependants was born out of wedlock-whether the issue of dependency could be determined in a summary manner-whether the application had merit

Injunction-application to restrain her three step children from taking possession or otherwise intermeddling with the properties which form her late husbands estate pending the grant of the letters of administration of the said estate-application for order to compel the respondents to quit or vacate the estate properties namely L.R. No. 209/6898 Kileleshwa Nairobi-effect of-applicable principles-whether the applicant established a prima facie case

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JOHN MWANGANGI V ROSE NDILEVE [2008] eKLR

Case Number: Civil Misc. Appli. 85 of 2006 Date Delivered: 11 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: JOHN MWANGANGI v ROSE NDILEVE

Citation: JOHN MWANGANGI V ROSE NDILEVE [2008] eKLR

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SAMMY KIPRUTO TONUI V JEREMIAH KOECH & Another [2008] eKLR

Case Number: Civil Suit 43 of 2008 Date Delivered: 11 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: SAMMY KIPRUTO TONUI v JEREMIAH KOECH & ANDREW J.A. NGETICH T/A RONBOY ANGECIES LTD

Citation: SAMMY KIPRUTO TONUI V JEREMIAH KOECH & Another [2008] eKLR

[Ruling] Civil Law-injunction-mandatory injunction- an application for a mandatory injunction to compel the 1 and 2 respondent to unconditionally return the plaintiffs/applicant goods and chattels-where the applicant and the respondent had a tenant/landlord relationship-the respondent had closed the applicants premises and had removed all the tenants goods from the premises without notice- where the applicant had sought an injunction from the tribunal which had no jurisdiction-respondent took advantage of the situation and proceeded to levy distress disobeying the tribunal orders failing to follow the rule of law-whether the respondents were in court with clean hands-whether orders sought could be granted- Landlord and Tenants, Shops, Hotels and Catering Establishments Act

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THADDEAUS MARTIN NYAINGIRI O’MOMANYI V REPUBLIC [2008] eKLR

Case Number: Cr. Misc. App. 10 of 2008 Date Delivered: 11 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: THADDEAUS MARTIN NYAINGIRI O’MOMANYI v REPUBLIC

Citation: THADDEAUS MARTIN NYAINGIRI O’MOMANYI V REPUBLIC [2008] eKLR

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In Re Matter Of The Estate Of Musau Ngau (Deceased) [2008] eKLR

Case Number: Probate & Admin. Cause 137 of 1992 Date Delivered: 11 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: In Re matter of the Estate of Musau Ngau (Deceased)

Citation: In Re Matter Of The Estate Of Musau Ngau (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-inheritance-disagreement as to inheritance-where the deceased had a wife who married another woman under Kamba customary law-arguments that the first wife should get her share of the deceaseds land and transfer a portion to her customary law wife-applicable sections of law-whether woman to woman marriages are accepted under the law-whether the woman married to the first wife can inherit in the same capacity as the first wife-Law of Succession Act section 40

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REPUBLIC V DISTRICT WATER OFFICER MACHAKOS [2008] eKLR

Case Number: Civil Misc. Appli. 50 of 2006 Date Delivered: 11 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: REPUBLIC v DISTRICT WATER OFFICER MACHAKOS

Citation: REPUBLIC V DISTRICT WATER OFFICER MACHAKOS [2008] eKLR

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In Re Estate Of Mwikali Mbole (Deceased) [2008] eKLR

Case Number: Probate & Admin. Cause 59 of 1987 Date Delivered: 11 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: In Re Estate of Mwikali Mbole (Deceased)

Citation: In Re Estate Of Mwikali Mbole (Deceased) [2008] eKLR

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WILFRED KAMAU GITHUA V NATION MEDIA GROUP LIMITED [2008] eKLR

Case Number: Civil Case 2059 of 2000 Date Delivered: 11 Nov 2008

Judge: Alnashir Ramazanali Magan Visram

Court: High Court at Nairobi (Milimani Law Courts)

Parties: WILFRED KAMAU GITHUA v NATION MEDIA GROUP LIMITED

Citation: WILFRED KAMAU GITHUA V NATION MEDIA GROUP LIMITED [2008] eKLR

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REBECCA KWAMBOKA GETUBA V BOARD OF GOVERNORS OF KENYA POLYTECHNIC & ANOTHER [2008] eKLR

Case Number: Civil Appeal 37 of 2008 Date Delivered: 11 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REBECCA KWAMBOKA GETUBA V BOARD OF GOVERNORS OF KENYA POLYTECHNIC & AL SHIKELY TRANSPORTERS LTD

Citation: REBECCA KWAMBOKA GETUBA V BOARD OF GOVERNORS OF KENYA POLYTECHNIC & ANOTHER [2008] eKLR

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In Re EState Of Mary Waithira Njoroge (Deceased) [2008] eKLR

Case Number: Succession Cause 47 of 2001 Date Delivered: 11 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re EState of Mary Waithira Njoroge (Deceased)

Citation: In Re EState Of Mary Waithira Njoroge (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-grant-summons for revocation of-where there was a written will-validity of the written will in contention-capacity of the deceased to make the will in question-where the objector was the son of the deceased-claims that the will was not in accordance with the law-grounds under which a grant be revoked or annulled-burden to prove those grounds is upon the objector-whether the objector proved his claim to the required standards-Law of Succession Act Section 76

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In Re Estate Of Gathokore Mugo (Deceased) [2008] eKLR

Case Number: Succession Cause 588 of 1985 Date Delivered: 11 Nov 2008

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Estate of Gathokore Mugo (Deceased)

Citation: In Re Estate Of Gathokore Mugo (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-grant-where the court had granted summons for revocation on the grounds that it was obtained by the concealment of material facts-that the applicant is the bona fide beneficiary of the estate herein having had bought the same jointly with the deceased and having lived thereon with his family-application for the stay of execution of judgment pending further orders from the court-no explanation for delay given-grounds that there was an error apparent on the face of the record-that the court exceeded its jurisdiction in determining the issues of trust-effect of-factors the court considers in such applications-whether the application for review had a legal basis to stand on

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MUTUA KILONZO V KIOKO DAVID [2008] eKLR

Case Number: Civil Appeal 62 of 2008 Date Delivered: 11 Nov 2008

Judge: Isaac Lenaola

Court: High Court at Machakos

Parties: MUTUA KILONZO v KIOKO DAVID

Citation: MUTUA KILONZO V KIOKO DAVID [2008] eKLR

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THADDEAUS MARTIN NYAINGIRI O’MOMANYI T/A NYAINGIRI & CO. ADVOCATES V REPUBLIC [2008] eKLR

Case Number: Criminal Misc. App. 10 of 2008 Date Delivered: 11 Nov 2008

Judge: MA Ang'awa

Court: High Court at Kericho

Parties: THADDEAUS MARTIN NYAINGIRI O’MOMANYI T/A NYAINGIRI & CO. ADVOCATES v REPUBLIC

Citation: THADDEAUS MARTIN NYAINGIRI O’MOMANYI T/A NYAINGIRI & CO. ADVOCATES V REPUBLIC [2008] eKLR

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REPUBLIC V MOSES KADENYE KINYANJUI [2008] eKLR

Case Number: Criminal Case 4 of 2008 Date Delivered: 10 Nov 2008

Judge: OK Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC v MOSES KADENYE KINYANJUI

Citation: REPUBLIC V MOSES KADENYE KINYANJUI [2008] eKLR

[Ruling] Criminal practice and procedure-murder-the accused was charged with murder-where the accused challenged the legality of the proceedings by citing violation of rights-where the was delay in producing the accused to court-whether the prosecution discharged its duty of explaining the inordinate delay-whether the accuseds right had been violated in the circumstances of the case-Penal Code sections 203, 204; Constitution section 72 (3) (b)

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ASHISH MAGON & Another V AMEE MANAGEMENT LTD [2008] EKRL

Case Number: Civil Case 533 of 2008 Date Delivered: 10 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: ASHISH MAGON & TRIKUTI INVESTMENT LTD v AMEE MANAGEMENT LTD

Citation: ASHISH MAGON & Another V AMEE MANAGEMENT LTD [2008] EKRL

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FAKIR MOHAMED SIDI V SUDHIR J. PATEL [2008] eKLR

Case Number: Civil Case 699 of 2006 Date Delivered: 10 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: FAKIR MOHAMED SIDI v SUDHIR J. PATEL

Citation: FAKIR MOHAMED SIDI V SUDHIR J. PATEL [2008] eKLR

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JOYCE MUTHONI KABURU V ROYFORD MURITHI NYAMU [2008] eKLR

Case Number: Miscellaneous Application 36 of 2008 Date Delivered: 10 Nov 2008

Judge: William Ouko

Court: High Court at Meru

Parties: JOYCE MUTHONI KABURU v ROYFORD MURITHI NYAMU

Citation: JOYCE MUTHONI KABURU V ROYFORD MURITHI NYAMU [2008] eKLR

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REUBEN NYANGINJA NDOLO V DICKSON WATHIKA MWANGI & OTHERS [2008] eKLR

Case Number: Election Petition 11 of 2008 Date Delivered: 10 Nov 2008

Judge: Roseline Pauline Vunoro Wendoh

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REUBEN NYANGINJA NDOLO v DICKSON WATHIKA MWANGI & OTHERS

Citation: REUBEN NYANGINJA NDOLO V DICKSON WATHIKA MWANGI & OTHERS [2008] eKLR

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JOYCE MUTHONI KABURU V ROYFORD MURITHI NYAMU [2008] eKLR

Case Number: Miscellaneous Application 36 of 2008 Date Delivered: 10 Nov 2008

Judge: William Ouko

Court: High Court at Meru

Parties: J.M.K V R.M.N

Citation: JOYCE MUTHONI KABURU V ROYFORD MURITHI NYAMU [2008] eKLR

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KOMAROCK VIEW LIMITED V BANK OF BARODA (K) LTD & Another [2008] eKLR

Case Number: Civil Case 340 of 2008 Date Delivered: 10 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: KOMAROCK VIEW LIMITED v BANK OF BARODA (K) LTD & BUSAM HOLDINGS LTD

Citation: KOMAROCK VIEW LIMITED V BANK OF BARODA (K) LTD & Another [2008] eKLR

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MWANYA MIGADDE V REPUBLIC [2008]

Case Number: Misc Crim Appli 339 & 228 of 2008 & 845 of 2007 Date Delivered: 10 Nov 2008

Judge: Mohammed Abdullahi Warsame

Court: High Court at Nairobi (Milimani Law Courts)

Parties: MWANYA MIGADDE v REPUBLIC

Citation: MWANYA MIGADDE V REPUBLIC [2008]

[Ruling]-criminal practice and procedure-Surety bond application to vary bond terms where a surety wishes to withdraw whether the earlier bond terms set by the court could be varied.

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GEOFREY MAINGI KINUU & 4 OTHERS V NTHIBIRI FARMERS COOPERATIVE SOCIETY LTD [2008] eKLR

Case Number: Civil Appeal 332 of 2008 Date Delivered: 10 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: GEOFREY MAINGI KINUU & 4 OTHERS V NTHIBIRI FARMERS COOPERATIVE SOCIETY LTD

Citation: GEOFREY MAINGI KINUU & 4 OTHERS V NTHIBIRI FARMERS COOPERATIVE SOCIETY LTD [2008] eKLR

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ANNE NDUNGE BITOK V AGRICULTURE FINANCE CORPORATION LTD & 2 Others [2008] eKLR

Case Number: Civil Case 348 of 2007 Date Delivered: 10 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: ANNE NDUNGE BITOK v AGRICULTURE FINANCE CORPORATION LTD, GARAM INVESTMENT (A FIRM & OLOOLUA HOLDINGS LIMITED

Citation: ANNE NDUNGE BITOK V AGRICULTURE FINANCE CORPORATION LTD & 2 Others [2008] eKLR

Civil Practice & Procedure-application-application for mandatory injunction-application made for an injunction against registration of title to a piece of land yet at the time of the application,the title to the piece of land is already registered-whether court can issue a mandatory injunction in such circumstances

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BALAKUMAR PONNITHURAI V REPUBLIC [2008] eKLR

Case Number: Misc Crim Appli 238 of 2008 Date Delivered: 10 Nov 2008

Judge: Mohammed Abdullahi Warsame

Court: High Court at Nairobi (Milimani Law Courts)

Parties: BALAKUMAR PONNITHURAI v REPUBLIC

Citation: BALAKUMAR PONNITHURAI V REPUBLIC [2008] eKLR

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In Re Matter Of Risk Management Insurance Brokers V In Re Matter Of Companies Act [2008] eKLR

Case Number: Winding Up Case 20 of 2008 Date Delivered: 10 Nov 2008

Judge: Joyce Nuku Khaminwa

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

Parties: In Re matter of Risk Management Insurance Brokers v In Re matter of Companies Act

Citation: In Re Matter Of Risk Management Insurance Brokers V In Re Matter Of Companies Act [2008] eKLR

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In The Matter Of Uniconsult (K) Limited V In The Matter Of Companies Act [2008] eKLR

Case Number: Winding Up Cause 18 of 2007 Date Delivered: 10 Nov 2008

Judge: Joyce Nuku Khaminwa

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

Parties: In the matter of Uniconsult (K) Limited v In the matter of Companies Act

Citation: In The Matter Of Uniconsult (K) Limited V In The Matter Of Companies Act [2008] eKLR

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EDWARD GITONGA NJAGI V THE CO-OPERATIVE INSURANCE OF KENYA LTD [2008] eKLR

Case Number: Miscellaneous Application 2 of 2006 Date Delivered: 07 Nov 2008

Judge: William Ouko

Court: High Court at Meru

Parties: EDWARD GITONGA NJAGI V THE CO-OPERATIVE INSURANCE OF KENYA LTD

Citation: EDWARD GITONGA NJAGI V THE CO-OPERATIVE INSURANCE OF KENYA LTD [2008] eKLR

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TELEBIT TECHNOLOGIES (E.A.) LIMITED V CO-OPERATIVE BANK OF KENYA LIMITED [2008] eKLR

Case Number: Civil Suit 419 of 2006 Date Delivered: 07 Nov 2008

Judge: LESIIT, J.

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

Parties: TELEBIT TECHNOLOGIES (E.A.) LIMITED v CO-OPERATIVE BANK OF KENYA LIMITED

Citation: TELEBIT TECHNOLOGIES (E.A.) LIMITED V CO-OPERATIVE BANK OF KENYA LIMITED [2008] eKLR

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SILVANA DOMENICA SAROLI V ALCAMO VINCENZA [2008] eKLR

Case Number: Civil Case 74 of 2005 Date Delivered: 07 Nov 2008

Judge: Hellen Amolo Omondi

Court: High Court at Malindi

Parties: SILVANA DOMENICA SAROLI v ALCAMO VINCENZA

Citation: SILVANA DOMENICA SAROLI V ALCAMO VINCENZA [2008] eKLR

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LAWRENCE PAUL MUNYI & 2 Others V ATTORNEY GENERAL [2008] eKLR

Case Number: Civil Case 709 of 2003 Date Delivered: 07 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: LAWRENCE PAUL MUNYI, ANDREYA O. WANEKEYA & WILLIAM LUVISIA MAJANI v ATTORNEY GENERAL

Citation: LAWRENCE PAUL MUNYI & 2 Others V ATTORNEY GENERAL [2008] eKLR

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PAN AFRICA BUILDERS & CONTRACTORS LIMITED V NATION MEDIA GROUP LIMITED & Another [2008] eKLR

Case Number: Civil Case 115 of 2003 Date Delivered: 07 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: PAN AFRICA BUILDERS & CONTRACTORS LIMITED v NATION MEDIA GROUP LIMITED & DAVID MUGONYI

Citation: PAN AFRICA BUILDERS & CONTRACTORS LIMITED V NATION MEDIA GROUP LIMITED & Another [2008] eKLR

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KARL HEINZ STRAUS & 2 Others V RUSEEL WILMOT & Another [2008] eKLR

Case Number: Civil Case 276 of2008 Date Delivered: 07 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: KARL HEINZ STRAUS, NELLIE OCHANDA & KENYA ONE TOURS LIMITED v RUSEEL WILMOT & K. A. T. O REGISTERED TRUSTEES

Citation: KARL HEINZ STRAUS & 2 Others V RUSEEL WILMOT & Another [2008] eKLR

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NDONGORO GENERAL CONTRACTORS V KENYA EPISCOPAL CONFERENCE SECRETARIAT [2008] eKLR

Case Number: Civil Case 2173 of 2001 Date Delivered: 07 Nov 2008

Judge: Roselyn Naliaka Nambuye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NDONGORO GENERAL CONTRACTORS V KENYA EPISCOPAL CONFERENCE SECRETARIAT

Citation: NDONGORO GENERAL CONTRACTORS V KENYA EPISCOPAL CONFERENCE SECRETARIAT [2008] eKLR

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In Re The Diners Finance Limited (In Liquidation) [2008] eKLR

Case Number: Misc Civil Appli 713 of 2008 Date Delivered: 07 Nov 2008

Judge: LESIIT, J.

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re The Diners Finance Limited (In Liquidation)

Citation: In Re The Diners Finance Limited (In Liquidation) [2008] eKLR

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SAMMY ACHUCHI ODUORI & OTHERS V IBERAFRICA POWER (EA) LTD [2008] eKLR

Case Number: Civil Case 790 of 2006 Date Delivered: 07 Nov 2008

Judge: Roselyn Naliaka Nambuye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: SAMMY ACHUCHI ODUORI & OTHERS V IBERAFRICA POWER (EA) LTD

Citation: SAMMY ACHUCHI ODUORI & OTHERS V IBERAFRICA POWER (EA) LTD [2008] eKLR

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EDWARD GITONGA NJAGI V CO-OPERATIVE INSURANCE OF KENYA LTD [2008] eKLR

Case Number: Miscellaneous Application 2 of 2006 Date Delivered: 07 Nov 2008

Judge: William Ouko

Court: High Court at Meru

Parties: EDWARD GITONGA NJAGI V CO-OPERATIVE INSURANCE OF KENYA LTD

Citation: EDWARD GITONGA NJAGI V CO-OPERATIVE INSURANCE OF KENYA LTD [2008] eKLR

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MWANGI CHARLES MAHINDA & Another V KENYA COMMERCIAL BANK LTD & 4 Others [2008] eKLR

Case Number: Civil Case 246 of 2008 Date Delivered: 07 Nov 2008

Judge: Joyce N Khaminwa

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

Parties: MWANGI CHARLES MAHINDA & EDWARD KINGS ONYANCHA MAINA v KENYA COMMERCIAL BANK LTD, SUSAN OUTA MUDHUNE, SUSAN NKIROTE OMANGA, PETER WANYAGA MUTHOKA & ERNST & YOUNG

Citation: MWANGI CHARLES MAHINDA & Another V KENYA COMMERCIAL BANK LTD & 4 Others [2008] eKLR

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AMARNATH ENT LIMITED V FRANCIS KAIGUA T/A SCRAP METAL DEALERS [2008] eKLR

Case Number: Civil Appeal 427 of 2008 Date Delivered: 07 Nov 2008

Judge: Hannah Magondi Okwengu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: AMARNATH ENT LIMITED v FRANCIS KAIGUA T/A SCRAP METAL DEALERS

Citation: AMARNATH ENT LIMITED V FRANCIS KAIGUA T/A SCRAP METAL DEALERS [2008] eKLR

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EAST AFRICAN ENGINEERING CONSULTANTS V MUNICIPAL COUNCIL OF KISUMU [2008] eKLR

Case Number: Miscellaneous Case 748 of 1996 Date Delivered: 07 Nov 2008

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: EAST AFRICAN ENGINEERING CONSULTANTS v MUNICIPAL COUNCIL OF KISUMU

Citation: EAST AFRICAN ENGINEERING CONSULTANTS V MUNICIPAL COUNCIL OF KISUMU [2008] eKLR

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ULL 13 (DREIZEHN BETEILIGUNGS-UND MANAGEMENT GMBH & CO. KEG V KNIGHT AVIATION LIMITED [2008] eKLR

Case Number: Civil Case 11 of 2007 Date Delivered: 07 Nov 2008

Judge: Luka Kiprotich Kimaru

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

Parties: ULL 13 (DREIZEHN BETEILIGUNGS-UND MANAGEMENT GMBH & CO. KEG v KNIGHT AVIATION LIMITED

Citation: ULL 13 (DREIZEHN BETEILIGUNGS-UND MANAGEMENT GMBH & CO. KEG V KNIGHT AVIATION LIMITED [2008] eKLR

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SAMUEL MUIRURI NJOROGE V EQUITY BANK LTD & ANOTHER [2008] eKLR

Case Number: Civil Case 590 of 2008 Date Delivered: 07 Nov 2008

Judge: Joyce Nuku Khaminwa

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

Parties: SAMUEL MUIRURI NJOROGE V EQUITY BANK LTD & ANTIQUE AUCTIONS LTD

Citation: SAMUEL MUIRURI NJOROGE V EQUITY BANK LTD & ANOTHER [2008] eKLR

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In Re Estate Of Kipsang Kandie (Deceased) [2008] eKLR

Case Number: Succession Cause 475 of 1998 Date Delivered: 06 Nov 2008

Judge: David Kenani Maraga

Court: High Court at Nakuru

Parties: In Re Estate of Kipsang Kandie (Deceased)

Citation: In Re Estate Of Kipsang Kandie (Deceased) [2008] eKLR

[Ruling] Family Law-probate and administration-grant-application for revocation of that grant issued-grounds that the deceased had owned that piece of land jointly with the objector-where the petitioner had the suit property registered wholly in her name-effect of-where the suit had been dismissed before and an application to reinstate it granted-whether the application had merit-Probate and Administration Rules Rule 44(1)

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MENENGAI BOTTLERS LTD V NAKURU TEACHERS HOUSING CO-OP. SOCIETY LTD [2008] eKLR

Case Number: Civil Case 192 of 2008 Date Delivered: 06 Nov 2008

Judge: David Kenani Maraga

Court: High Court at Nakuru

Parties: MENENGAI BOTTLERS LTD v NAKURU TEACHERS HOUSING CO-OP. SOCIETY LTD

Citation: MENENGAI BOTTLERS LTD V NAKURU TEACHERS HOUSING CO-OP. SOCIETY LTD [2008] eKLR

[Ruling] Civil Law-injunction-prohibitive injunction- a injunction sought by the plaintiff to restrain the defendant, from carrying on any further activities on the land and a mandatory injunction sought to compel them to demolish any illegal structures unlawfully build on the suit piece of land pending the hearing and determination of the suit-where there was a dispute on the ownership of the land-both parties had title deeds relating to the same piece of land- one issued to the plaintiff under the RTA and another issued to the defendant under the RLA- where the plaintiff argued that his title to the suit piece of land was indefeasible under Section 23 of the Registration of Titles Act and was therefore entitled to its possession and quiet enjoyment-guiding principles in such applications-whether the plaintiff had made out a prima facie case with a probability of success to warrant a prohibitory injunction -Sections 3A and 63(e) of the Civil Procedure Act and Order 39 Rules 1 and 2 of the Civil Procedure Rules, Section 23 of the Registration of Titles Act

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