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A K M & Another V A K A [2015] eKLR

Case Number: Succession Cause 201 of 2011 Date Delivered: 13 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: A K M & E E M M v A K A

Citation: A K M & Another V A K A [2015] eKLR

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Deborah Achieng Aduda & Another V Florence Seyanoi Kibera A.k.a. Dorothy Seyano Moschion [2015] eKLR

Case Number: ELC Case 1047 of 2013 Date Delivered: 13 Feb 2015

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Deborah Achieng Aduda & another v Florence Seyanoi Kibera a.k.a. Dorothy Seyano Moschion

Citation: Deborah Achieng Aduda & Another V Florence Seyanoi Kibera A.k.a. Dorothy Seyano Moschion [2015] eKLR

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Paul Machuku Muriuki V Joreth Limited & 2 Others [2015] eKLR

Case Number: Civil Case 523 of 2014 (O.S) Date Delivered: 13 Feb 2015

Judge: Lucy Nyambura Gacheru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Paul Machuku Muriuki v Joreth Limited, George Muriithi Githinji & Purity Wanjiru Muriithi

Citation: Paul Machuku Muriuki V Joreth Limited & 2 Others [2015] eKLR

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Cascade Company Limited V Kenya Association Of Music Production (KAMP) & 3 Others [2015] eKLR

Case Number: Petition 7 of 2014 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Murang'a

Parties: Cascade Company Limited v Kenya Association of Music Production (KAMP), Performance Right Society of Kenya (PRISK), Officer in Charge Thika Police Station & Attorney General

Citation: Cascade Company Limited V Kenya Association Of Music Production (KAMP) & 3 Others [2015] eKLR

COURT DECLINES TO GRANT CONSERVATORY ORDERS

Cascade Company  V Kenya Association Of  Music Production (Kamp) & 3 Others

High Court at Murang’a

Petition No. 7 Of 2014

Ngaah Jairus J.

November 17, 2014

Reported by Emma Kinya Mwobobia

 

Brief facts

The petitioner sought several declarations and damages against the respondents on the basis that its constitutional rights had been violated. Alongside the petition, the applicant also filed a chamber summons under rules 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006 in which he sought for conservatory orders pending the hearing and determination of the main petition.

The applicant has complained that its business had been interrupted on several occasions by the respondents’ officers who demanded what the applicant described as non-existent licences. The employees, according to the applicant, do not carry any identification documents. They are alleged to demand bribes from the applicant’s employees and whenever these demands were not met, they resorted to confiscating the applicant’s television sets and arresting its employees. It was the applicant’s case that the respondents’ conduct had led to the applicant’s business losses.

 The respondent however deposed that it was mandated under section 30A of the Copyright Act to protect the rights of producers of sound-recordings through licensing. It was her position that the applicant had neglected and/or refused to comply with the licensing requirements and thereby infringed the rights of producers. It was the respondent’s case that the applicant was in breach of section 42 the Copyright Act and Articles 11(c) and 40 (5) of the Constitution of Kenya, 2010 which upheld and protected intellectual property rights.

 In order to ensure compliance and enforcement of these provisions of the law, the 1st respondent made a formal complaint to the police who duly acted on the complaint and commenced criminal proceedings against the accused person.

 

Issues:

  1. Whether in considering the “inherent merit of a case” when granting conservatory orders the court would be delving into the merits of the case at an interlocutory stage and thereby pre-judging it before it is heard on merit.
  2. whether the petitioner had made out a case for conservatory orders

 

Constitutional Law – conservatory orders – court considerations governing the grant of conservatory orders – inherent merit of a case – meaning of inherent merit of a case – whether there was a difference between the “inherent merit of a case” and “a high probability of success” in a case – whether the conservatory orders could issue in the matter

 

Intellectual Property Law - copyright – right to equitable remuneration for use of sound recordings – requirement for a licence for the commercial use of the recording or production – petitioner’s claims that the respondents kept dirupting his business demanding non existent licences - whether the petitioners actions were lawful – Constitution of Kenya. 2010 article 11(2), 40(5); Copyright Act section30(A)(1) and (2)

 

Copyright Act 2001

Section 30(A) (1) and (2) as read with section 38(2) and 38(7) of the Section 30(A) (1) and (2) of that Act reads as follows:-

 30A. Right to equitable remuneration for use of sound recordings and audio visual works

 (1) If a sound recording is published for commercial purposes or a reproduction of such recording is used directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer and the producer of the sound recording shall be paid by the user through the respective collective management organisation, and the remuneration shall be shared equally between the producer of the sound recording and the performer.

 (2) If fixation of a performance is published for commercial purposes or a reproduction of a fixation of a performance is used for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer shall be paid by the user to the collective management organisation.

 Section 38(2) and (7) thereof reads:-

 38. Offence and penalties for infringement

 (1) Any person who, at a time when copyright or the right of a performer subsists in a work-

 (a) makes for sale or hire any infringing copy; or

 (b) sells or lets for hire or by way of trade exposes or offers for sale any infringing copy; or

 (c) distributes infringing copies; or

 (d) possess otherwise than for his private and domestic use, any infringing copy; or

 (e) imports into Kenya otherwise than for his private and domestic use any infringing copy; or

 (f) makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies

 Shall, unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that that copyright or the right of a performer would or might thereby be infringed, be guilty of an offence.

 (3) any person who causes a literary or musical work, an audio-visual work or a sound recording to be performed in public at a time when copyright subsists in such work or sound recording and where such performance is an infringement of that copyright shall be guilty of an offence unless he is able to prove that he had acted in good faith and had no reasonable grounds for supposing that copyright would or might be infringed.

Constitution of Kenya, 2010

Article 11(2) (c) states:-

 The state shall-

 (a)…

 (b)…

 (c) promote the intellectual property rights of the people of Kenya.

 Article 40(5) states:-

 “The state shall support, promote and protect the intellectual property rights of the people of Kenya.”

Held:

  1. “Inherent merit” was a case which, on the face of it, was meritorious and therefore,a likely to succeed. While the interpretation may be consistent with the concept of a case with a high probability of success which the Supreme Court had discouraged as the applicable test in granting or rejecting conservatory orders, there was no other meaning that could be ascribed to the phrase “the inherent merit of a case.”
  2. The alternative interpretation would be that “the inherent merit of a case” meant that the case “would succeed” rather than “it was likely to succeed”. However, if the court adopted the alternative interpretation, it would thereby imply that the case could as well have been decided on an interlocutory application. It was doubtful that could have been what the Supreme Court had in mind.
  3. Amongst the orders the court could have granted in any proceedings under article 22 of the Constitution was an order for Judicial Review regardless of whether they were proceedings of the main petition or  proceedings in an interlocutory application such as in the instant application.
  4. The order for prohibition in the circumstances was not the appropriate prayer to seek for. If in the applicant’s view the arrest and the subsequent prosecution of its employees were unjustified in one way or the other, then the appropriate order for judicial review would have been an order for certiorari to quash the charges and the proceedings against these employees. The judicial review order of prohibition like other prerogative orders were available against public bodies and not private corporates.
  5. Even if the first two respondents were public bodies and therefore amenable to judicial review orders, it would be out of order for judicial review orders to issue against them in the context of an interlocutory application. In appropriate cases, judicial review orders would only issue at the final determination of a case and they were not available in any other shape or description whether as interim or as conservatory orders.
  6. Considering the Constitutional and Copyright Act provisions, it was apparent that the charges against the applicant’s employees had a statutory backing. They were not non-existent charges or offences.
  7. The role of the 3rd and the 4th respondents was expressly provided for under section 42 of the Copyright Act which had empowered the police to arrest without a warrant any person suspected of having committed an offence under the Act. The 3rd respondent had also been authorised under section 43(1) of the Act to appoint public prosecutors for purposes of prosecuting cases covered under the Act. That certainly included prosecution of offences for which the applicant’s employees had been charged with. The role of prosecution having been given to the Director of Public Prosecution under the Constitution of Kenya 2010, should have taken over the task.
  8. The constitutionality of the Copyright Act, 2001 or any provisions thereof including the provisions under which the applicant’s employees had been charged had not been questioned in the petition. Any suggestion to question the Act would have been a long shot considering that the Constitution itself recognised the intellectual property rights whose details were encapsulated in the Act.
  9. While the Constitution broadly provided the framework for the intellectual property rights, legislation such as the Copyright Act, 2001 provided the details of those rights. That being the case, it was difficult to appreciate the applicant’s argument which in essence implied that the respondents’ action in enforcement of certain provisions of the Copyright Act, was unconstitutional.  As long as the enabling legislation was constitutional, the respondents’ actions ensuing therefrom were lawful unless, of course, it could be demonstrated that the respondents had, in their actions, breached those very provisions or had acted ultra vires the Act. The respondents should not have been inhibited unnecessarily from exercising their constitutional and statutory mandates.
  10. The applicant’s chamber summons was deficient of any inherent merit and the public interest would not have been best served by halting the trial. There was nothing to indicate that their arrest, prosecution and generally, the criminal process contravened any of the constitutional values or was inversely proportional to their rights to a fair trial. The applicant did not deserve the conservatory orders sought.

Application dismissed. Costs to abide in the outcome of the petition.

 

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Itrade Company Limited V Jane Mukami Mwangi & Another [2015] eKLR

Case Number: Misc. Case 225 of 2014 Date Delivered: 13 Feb 2015

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Itrade Company Limited v Jane Mukami Mwangi & Land Registrar Thika Land Registry

Citation: Itrade Company Limited V Jane Mukami Mwangi & Another [2015] eKLR

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Zambezi Nayayiai Ritei V Kajiado Land Disputes Tribunal & 3 Others [2015] eKLR

Case Number: Elc Case 45 of 2012 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Zambezi Nayayiai Ritei v Kajiado Land Disputes Tribunal , Senior Resident Magistrate’s Court At Kajiado, Kajiado Central District Land Registrar, General & Faith Kipuyan Ritey

Citation: Zambezi Nayayiai Ritei V Kajiado Land Disputes Tribunal & 3 Others [2015] eKLR

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Elvis Isangi Mwandembo V Steel Makers Ltd [2015] eKLR

Case Number: Cause 434 of 2013 Date Delivered: 13 Feb 2015

Judge: Onesmus Ndambuthi Makau

Court: Employment and Labour Relations Court at Mombasa

Parties: Elvis Isangi Mwandembo v Steel Makers Ltd

Citation: Elvis Isangi Mwandembo V Steel Makers Ltd [2015] eKLR

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Cereal Growers Association & Another V County Government Of Narok & 10 Others [2015] eKLR

Case Number: Petition 385 of 2013 Date Delivered: 13 Feb 2015

Judge: Isaac Lenaola

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Cereal Growers Association & Hugo Wood v County Government Of Narok, County Government Of Nairobi, County Government Of Nyeri, County Government Of Murang’a, County Government Of Trans Nzoia, County Government Of Uasin Gishu, County Government Of Nandi, County Government Of Nakuru, Ministry Of Agriculture, Livestock & Fisheries, Ministry Of Devolution And Planning & National Treasury

Citation: Cereal Growers Association & Another V County Government Of Narok & 10 Others [2015] eKLR

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Angeline Okweya Nandwa &Jane; Arimi (Suing On Behalf Of Single Mothers Association Of Kenya) V Nairobi County Government [2015] eKLR

Case Number: Elc. Case 958 of 2014 Date Delivered: 13 Feb 2015

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Angeline Okweya Nandwa &Jane; Arimi (Suing On Behalf Of Single Mothers Association Of Kenya) v Nairobi County Government

Citation: Angeline Okweya Nandwa &Jane; Arimi (Suing On Behalf Of Single Mothers Association Of Kenya) V Nairobi County Government [2015] eKLR

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In Re Estate Of Paul Kamau Job Wanderi (Deceased)) [2015] eKLR

Case Number: P&A Cause 1062 of 2013 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Murang'a

Parties: In Re Estate of Paul Kamau Job Wanderi (Deceased))

Citation: In Re Estate Of Paul Kamau Job Wanderi (Deceased)) [2015] eKLR

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Moses Karani & Another V Republic [2015] eKLR

Case Number: Criminal Case 30 of 2012 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: Moses Karani & Douglas Kuria Kariuki v Republic

Citation: Moses Karani & Another V Republic [2015] eKLR

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N O B V A A O [2015] eKLR

Case Number: Civil Appeal 48 of 2010 Date Delivered: 13 Feb 2015

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: N O B v A A O

Citation: N O B V A A O [2015] eKLR

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J W B V R N K [2015] eKLR

Case Number: Civil Appeal 23 of 2014 Date Delivered: 13 Feb 2015

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: J W B v R N K

Citation: J W B V R N K [2015] eKLR

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Peter Tomito Korinko & 2 Others V Korinko N Nkoliai & 12 Others [2015] eKLR

Case Number: Environment and Land Civil Case 249 of 2013 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: High Court at Kisii

Parties: Peter Tomito Korinko, Jospeh S Ketere & Michael O Kirusua v Korinko N Nkoliai, Jonathan K Ketere, Benard Ketere, Stephen M Ololtulet, David Kirionki, Samson Limpai, Ole Nanyukie Kitiapi, Leshan Kukuu, Samson Kalamayo, Oloeleboi Kaikai, Olomismis Group Ranch, District Land Registrar, Transmara & National Land Commission

Citation: Peter Tomito Korinko & 2 Others V Korinko N Nkoliai & 12 Others [2015] eKLR

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Samwel Naiduya Meitoi V Olenkarie Simon [2015] eKLR

Case Number: Environment and Land Civil Case 289 of 2013 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: Environment and Land Court at Kisii

Parties: Samwel Naiduya Meitoi v Olenkarie Simon

Citation: Samwel Naiduya Meitoi V Olenkarie Simon [2015] eKLR

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Kiambu County Council V Coffee Board Of Kenya & Another [2015] eKLR

Case Number: Civil Suit 186 of 2000 Date Delivered: 13 Feb 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kiambu County Council v Coffee Board of Kenya & Samuel Mbugua Kibathi - Chairman, Kiambu Coffee Cess

Citation: Kiambu County Council V Coffee Board Of Kenya & Another [2015] eKLR

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Desai Sarvia & Pallan Advocates V Tausi Assurance Company Limited [2015] eKLR

Case Number: Miscellenous Civil Case 920 of 2013 Date Delivered: 13 Feb 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Desai Sarvia & Pallan Advocates v Tausi Assurance Company Limited

Citation: Desai Sarvia & Pallan Advocates V Tausi Assurance Company Limited [2015] eKLR

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Registered Trustees International Glorious Victory Church V County Engineer, Kisii County Government & Another [2015] eKLR

Case Number: Environment and Land Civil Case 172 of 2014 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: Environment and Land Court at Kisii

Parties: Registered Trustees International Glorious Victory Church v County Engineer, Kisii County Government & Kisii County Government

Citation: Registered Trustees International Glorious Victory Church V County Engineer, Kisii County Government & Another [2015] eKLR

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Morgan Z Mwita V Johnes Mwita Maswi & 5 Others [2015] eKLR

Case Number: Environment and Land Civil Case 340 of 2013 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: Environment and Land Court at Kisii

Parties: Morgan Z Mwita v Johnes Mwita Maswi & 5 others

Citation: Morgan Z Mwita V Johnes Mwita Maswi & 5 Others [2015] eKLR

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Samson Maina Kamau V Peter Lekenaya Suiyanga & Another [2015] eKLR

Case Number: ELC Case 127 of 2014 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Samson Maina Kamau v Peter Lekenaya Suiyanga & Dickson M. Tumbo and P. Joy Ouko T/A Sadique Enterprises

Citation: Samson Maina Kamau V Peter Lekenaya Suiyanga & Another [2015] eKLR

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In Re Matter Of K W [2015] eKLR

Case Number: Miscellaneous Application 5 of 2015 Date Delivered: 13 Feb 2015

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In re Matter Of K W

Citation: In Re Matter Of K W [2015] eKLR

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Chemoiwa Ole Sayialel & Another V Joseph Saitian & 2 Others [2015] eKLR

Case Number: Environment and Land Civil Case 103 Of 2014 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: Environment and Land Court at Kisii

Parties: Chemoiwa Ole Sayialel & Narikulmuran Ene Sayialel v Joseph Saitian, Domic Nuna Saitian & Richard Juju Saitian

Citation: Chemoiwa Ole Sayialel & Another V Joseph Saitian & 2 Others [2015] eKLR

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Simon Abuki Omboto V Kisii County Government & Another [2015] eKLR

Case Number: Environment and Land Civil Case 400 of 2014 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: High Court at Kisii

Parties: Simon Abuki Omboto v Kisii County Government & Executive Committee Member, Lands Kisii County Government

Citation: Simon Abuki Omboto V Kisii County Government & Another [2015] eKLR

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Lucas Nyambegera Nyangweso V Fred Nyamokeri & Another [2015] eKLR

Case Number: Environment & Land Civil Case 199 of 2014 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: Environment and Land Court at Kisii

Parties: Lucas Nyambegera Nyangweso v Fred Nyamokeri & John Solana Akama

Citation: Lucas Nyambegera Nyangweso V Fred Nyamokeri & Another [2015] eKLR

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Susan Wanjiru & Another V Lucy Gathoni & Another [2015] eKLR

Case Number: Elc Appeal 197 of 2012 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Susan Wanjiru & Miriam Wanjiru v Lucy Gathoni & Milka Ndunge

Citation: Susan Wanjiru & Another V Lucy Gathoni & Another [2015] eKLR

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Joseph Muia Kivuvo V Bernard Kimilu & 2 Others [2015] eKLR

Case Number: ELC Case 155 of 2008 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Joseph Muia Kivuvo v Bernard Kimilu & 2 others

Citation: Joseph Muia Kivuvo V Bernard Kimilu & 2 Others [2015] eKLR

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Silas Muthuri Mugambi V Pan Africa Life Assurance Ltd [2015] eKLR

Case Number: Civil Application 15 of 2014 Date Delivered: 13 Feb 2015

Judge: John Wycliffe Mwera, Jamila Mohammed, Agnes Kalekye Murgor

Court: Court of Appeal at Nairobi

Parties: Silas Muthuri Mugambi v Pan Africa Life Assurance Ltd

Citation: Silas Muthuri Mugambi V Pan Africa Life Assurance Ltd [2015] eKLR

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William Munyaka Kamiri & 2 Others V Dominic Wamugi Macharia [2015] eKLR

Case Number: Succession Cause 603 of 2007 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: William Munyaka Kamiri & 2 others v Dominic Wamugi Macharia

Citation: William Munyaka Kamiri & 2 Others V Dominic Wamugi Macharia [2015] eKLR

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Juddy Matetai V James Charo [2015] eKLR

Case Number: Elc.Case 645 of 2013 Date Delivered: 13 Feb 2015

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Juddy Matetai v James Charo

Citation: Juddy Matetai V James Charo [2015] eKLR

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Mutuku Ngei V Mulwa Matu Suing As The Legal Representative Of And On Behalf Of The Estate Of Mwatu Mutune Alias Mwatu Waita Nguyo – Deceased & Another [2015] eKLR

Case Number: Elc Case 75 of 2008 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Mutuku Ngei v Mulwa Matu Suing as the Legal Representative of and on Behalf of the Estate of Mwatu Mutune Alias Mwatu Waita Nguyo – Deceased & Mutyango Musau

Citation: Mutuku Ngei V Mulwa Matu Suing As The Legal Representative Of And On Behalf Of The Estate Of Mwatu Mutune Alias Mwatu Waita Nguyo – Deceased & Another [2015] eKLR

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Peter Macharia Ruchachu V Director Of Public Prosecution & Another [2015] eKLR

Case Number: Miscellaneous Constitutional Application 4 of 2013 Date Delivered: 13 Feb 2015

Judge: Hatari Peter George Waweru

Court: High Court at Murang'a

Parties: Peter Macharia Ruchachu v Director of Public Prosecution & another

Citation: Peter Macharia Ruchachu V Director Of Public Prosecution & Another [2015] eKLR

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Thomas Sila Nzivo V Bamburi Cement Limited [2015] eKLR

Case Number: Cause 117 of 2013 Date Delivered: 13 Feb 2015

Judge: James Rika

Court: Employment and Labour Relations Court at Mombasa

Parties: Thomas Sila Nzivo v Bamburi Cement Limited

Citation: Thomas Sila Nzivo V Bamburi Cement Limited [2015] eKLR

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Swaleh Breki Islam & Another V Winfred Mutheu Kiamuko & Another [2015] eKLR

Case Number: Civil Application Nai 78 of 2014 Date Delivered: 13 Feb 2015

Judge: Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Court: Court of Appeal at Nairobi

Parties: Swaleh Breki Islam & Mash Bus Service Limited v Winfred Mutheu Kiamuko & Titus Maundu Nzambu

Citation: Swaleh Breki Islam & Another V Winfred Mutheu Kiamuko & Another [2015] eKLR

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Robert Nyangaresi Onuonga (Suing As The Administrator Of The Estate Of Zakayo Ondara Nyandoro) V Mark Nyabayo Ratemo [2015] eKLR

Case Number: Environment and Land Civil Case 64 of 2014 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: High Court at Kisii

Parties: Robert Nyangaresi Onuonga (Suing as the administrator of the Estate of Zakayo Ondara Nyandoro) v Mark Nyabayo Ratemo

Citation: Robert Nyangaresi Onuonga (Suing As The Administrator Of The Estate Of Zakayo Ondara Nyandoro) V Mark Nyabayo Ratemo [2015] eKLR

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Fred Wafula Wamalwa V William Kalayo Nkeyua [2015] eKLR

Case Number: Environment and Land Civil Appeal 200 of 2012 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: High Court at Kisii

Parties: Fred Wafula Wamalwa v William Kalayo Nkeyua

Citation: Fred Wafula Wamalwa V William Kalayo Nkeyua [2015] eKLR

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Nyagilo Adienge & Another V Ayoko Adienge [2015] eKLR

Case Number: Environment and Land Misc. Civil App. 55 of 2012 Date Delivered: 13 Feb 2015

Judge: Samson Odhiambo Okong'o

Court: High Court at Kisii

Parties: Nyagilo Adienge & Lukas Jabuya Adienge v Ayoko Adienge

Citation: Nyagilo Adienge & Another V Ayoko Adienge [2015] eKLR

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Societe Miniere Delest V Afrika Invest Limited & 2 Others [2015] eKLR

Case Number: Civil Suit 156 of 2014 Date Delivered: 13 Feb 2015

Judge: Mathew John Anyara Emukule

Court: High Court at Mombasa

Parties: Societe Miniere Delest v Afrika Invest Limited, Kerilee Investments Limited & Mediterranean Shipping Company S.A

Citation: Societe Miniere Delest V Afrika Invest Limited & 2 Others [2015] eKLR

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Irene Wanjirumithamo V Simon Kuiyaki Karungaru & Another [2015] eKLR

Case Number: Succession Cause 684 of 2012 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: Irene Wanjirumithamo v Simon Kuiyaki Karungaru & Evanson Githinji Kinyanjui

Citation: Irene Wanjirumithamo V Simon Kuiyaki Karungaru & Another [2015] eKLR

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Kayatta Farmers Co-Op Society Ltd V Dorcus Muindi & 48 Others [2015] eKLR

Case Number: Elc Case 60 of 2013 Date Delivered: 13 Feb 2015

Judge: Mutungi Charles Kariuki

Court: High Court at Machakos

Parties: Kayatta Farmers Co-Op Society Ltd v Dorcus Muindi & 48 others

Citation: Kayatta Farmers Co-Op Society Ltd V Dorcus Muindi & 48 Others [2015] eKLR

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Githambo General Contractors V Kay Construction Company Ltd [2015] eKLR

Case Number: Civil Suit 135 of 2009 Date Delivered: 13 Feb 2015

Judge: Jairus Ngaah

Court: High Court at Nyeri

Parties: Githambo General Contractors v Kay Construction Company Ltd

Citation: Githambo General Contractors V Kay Construction Company Ltd [2015] eKLR

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Stephen Wanyee Roki V K-Rep Bank Limited & 2 Others [2015] eKLR

Case Number: Civil Application 264 of 2013 Date Delivered: 13 Feb 2015

Judge: Roselyn Naliaka Nambuye, Philomena Mbete Mwilu, Kathurima M'inoti

Court: Court of Appeal at Nairobi

Parties: Stephen Wanyee Roki v K-Rep Bank Limited, City Council of Nairobi & David Waweru

Citation: Stephen Wanyee Roki V K-Rep Bank Limited & 2 Others [2015] eKLR

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Emy Nawanjaya Siganga V Eliud Lusinde Sigan & Another [2015] eKLR

Case Number: Succession Cause 654 of 2009 Date Delivered: 12 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Emy Nawanjaya Siganga v Eliud Lusinde Sigan & Dave Lungaho Siganga

Citation: Emy Nawanjaya Siganga V Eliud Lusinde Sigan & Another [2015] eKLR

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Republic V Chrisandos Wiyala [2015] eKLR

Case Number: Criminal Case 26 of 2012 Date Delivered: 12 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Republic v Chrisandos Wiyala

Citation: Republic V Chrisandos Wiyala [2015] eKLR

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Republic V Peter Ingoka Khatsimba [2015] eKLR

Case Number: Criminal Case 46 of 2012 Date Delivered: 12 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Republic v Peter Ingoka Khatsimba

Citation: Republic V Peter Ingoka Khatsimba [2015] eKLR

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D S V S S [2015] eKLR

Case Number: Divorce Cause 98 of 2014 Date Delivered: 12 Feb 2015

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: D S v S S

Citation: D S V S S [2015] eKLR

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Republic V Musa Kipyego Too & Another [2015] eKLR

Case Number: Criminal Case 77 of 2014 Date Delivered: 12 Feb 2015

Judge: Cecilia Wathaiya Githua

Court: High Court at Eldoret

Parties: Republic v Musa Kipyego Too & Simon Kiptanui Too

Citation: Republic V Musa Kipyego Too & Another [2015] eKLR

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Abisalom Kayere Msigo V Tom William Onguka [2015] eKLR

Case Number: Succession Cause 851 of 2012 Date Delivered: 12 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Abisalom Kayere Msigo v Tom William Onguka

Citation: Abisalom Kayere Msigo V Tom William Onguka [2015] eKLR

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Shirin Jiwa V Ismailia Cooperative Society Limited [2015] eKLR

Case Number: Civil Case 313 of 2013 Date Delivered: 12 Feb 2015

Judge: Jacqueline Kamau

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Shirin Jiwa v Ismailia Cooperative Society Limited

Citation: Shirin Jiwa V Ismailia Cooperative Society Limited [2015] eKLR

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Republic V Dismas Itsutsa [2015] eKLR

Case Number: Criminal Case 6 of 2011 Date Delivered: 12 Feb 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Republic v Dismas Itsutsa

Citation: Republic V Dismas Itsutsa [2015] eKLR

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Bhavesh Tribhovan Voralia (Administrator Of The Estate Of The Late Laujuruda Daylji Raja Voralia & Karsan Dewshi V Johnson Kamau Macharia &15; Others [2015] eKLR

Case Number: Elc 155 of 2012 Date Delivered: 12 Feb 2015

Judge: Munyao Sila

Court: Environment and Land Court at Nakuru

Parties: Bhavesh Tribhovan Voralia (Administrator Of The Estate Of The Late Laujuruda Daylji Raja Voralia & Karsan Dewshi v Johnson Kamau Macharia &15; Others

Citation: Bhavesh Tribhovan Voralia (Administrator Of The Estate Of The Late Laujuruda Daylji Raja Voralia & Karsan Dewshi V Johnson Kamau Macharia &15; Others [2015] eKLR

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