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You searched for cases with the following details ; Filter Case Year : 2004. Court Name : Court of Appeal at Eldoret.
Virani T/a Kisumu Beach Resort V Phoenix Of East Africa Assurance Company Ltd [2004] EKLR
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Case Number: Civil Appeal 88 of 2002 |
Date Delivered: 17 Dec 2004 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Court: Court of Appeal at Kisumu
Parties: Nizar Virani trading as Kisumu Beach Resort v Phoenix of East Africa Assurance Company Ltd
Advocates:
Citation: Virani t/a Kisumu Beach Resort v Phoenix of East Africa Assurance Company Ltd [2004] eKLR
Insurance Law - party taking out an burglary insurance policy - risk materializing - party's claim for compensation from insurer rejected on grounds of failure to pay insurance premium in full - whether there was a failure of consideration in the contract of insurance - when the risk is deemed to begin to run in an insurance contract - whether contract of insurance can be complete before payment of premium - whether mere exaggeration of figures conclusive evidence of fraud and a ground for repudiating the insurance - contract - claim for special damages must be both pleaded and strictly proved
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Joseph Asawa Agoro & 2 Others V Republic [2004] EKLR
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Case Number: Criminal Appeal 142 of 2003 |
Date Delivered: 03 Dec 2004 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Joseph Asawa Agoro, Daniel Ojijo Obwanga, Lawrence Omwai Mala v Republic
Advocates:
Citation: Joseph Asawa Agoro & 2 others v Republic [2004] eKLR
Criminal Law - charge of murder - all accused persons sentenced to death - appeal - where the assessors gave their opinion jointly other than individually as required by section 322 (1) of the Criminal Procedure code - jugde's misdiretcion in asking the assessors to give due weight to an alleged confession - EVIDENCE - APPELLATE COURT'S FINDING THAT A CONFESSION WAS INADMISSABLE DUE TO ITS HEARSAY NATURE - conviction set aside
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Ayugi V Okoth [2004] EKLR
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Case Number: Civil Application No. Nai. 141 of 2004 |
Date Delivered: 03 Dec 2004 |
Judge: Riaga Samuel Cornelius Omolo
Court: Court of Appeal at Kisumu
Parties: Walter Awuoth Ayugi v Hesborn Sule Okoth
Advocates:
Citation: Ayugi v Okoth [2004] eKLR
Civil Procedure - Application for leave to file and serve notice and record of appeal out of time
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Simion Magak Oselu V Republic [2004] EKLR
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Case Number: Criminal Appeal 206 of 2004 |
Date Delivered: 03 Dec 2004 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Simion Magak Oselu v Republic
Advocates:
Citation: Simion Magak Oselu v Republic [2004] eKLR
Criminal Law - accussed sentenced to death for the offence of murder - appeal - where post mortem report is produced by a person other than the maker - when the court can admit a dying declaration - appeal dismissed
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Managing Director National Cereals & Produce Board V Ogutu [2004] EKLR
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Case Number: Civil Appl No. Nai. 183 of 2004 (KSm 17/04) |
Date Delivered: 26 Nov 2004 |
Judge: Riaga Samuel Cornelius Omolo
Court: Court of Appeal at Kisumu
Parties: The Managing Director,National Cereals and Produce Board Vs Francis Ochieng Ogutu
Advocates:
Citation: Managing Director National Cereals & Produce Board v Ogutu [2004] eKLR
Civil Procedure - Rule 4 of the Court of appeal rules - Application for extension of time to file and serve notice and record of appeal out of time.
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Mogonchi V Mogonchi [2004] EKLR
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Case Number: Civil Appeal 277 of 2001 |
Date Delivered: 26 Nov 2004 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Isaya Mogonchi Mogonchi v Samwel Ondari Mogonchi
Advocates:
Citation: Mogonchi v Mogonchi [2004] eKLR
Land law - trust - dispute over family land - ancestral land - land registered in the name of one family land - whether land held in trust for other members.
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Ochieng V Republic [2004] EKLR
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Case Number: Criminal Appeal 165 of 2002 |
Date Delivered: 26 Nov 2004 |
Judge: Ruth Nekoye Sitati
Court: Court of Appeal at Kisumu
Parties: Patrick Lumumba Ochieng v Republic
Advocates:
Citation: Ochieng v Republic [2004] eKLR
Crime - murder - appellant convicted and sentenced to death - evidence that a gun recovered from the appellant three days after the killing had been the one used to kill the deceased - High Court holding that as the appellant had failed to explain his possession of the gun, he had to be the killer or one of the killers of the deceased - Appeal Court finding discrepancy in the evidence of the firearms examiner - Court ruling out the application of the doctrine of recent possession in the circumstances of the case - circumstantial evidence - test that such evidence must meet so as to form a basis for a conviction - conviction unsafe - appeal allowed.
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Ayuko V Nyambuteri [2004] EKLR
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Case Number: Civil Appli NAI 203 of 2004 |
Date Delivered: 25 Nov 2004 |
Judge: Philip Kiptoo Tunoi
Court: Court of Appeal at Kisumu
Parties: John Ayuko v Beatrice Nyambuteri
Advocates:
Citation: Ayuko v Nyambuteri [2004] eKLR
Civil Procedure - application for extension of time to file appeal - delay of two months - applicant having been engaged in settlement negotiations - whether applicant to blame for the delay - whether delay inordinate.
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Ombui V Nyamache [2004] EKLR
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Case Number: Civil Appli 182 of 2004 |
Date Delivered: 25 Nov 2004 |
Judge: Philip Kiptoo Tunoi
Court: Court of Appeal at Kisumu
Parties: Wilfred Moriasi Ombui v Nyakangi Nyamache
Advocates:
Citation: Ombui v Nyamache [2004] eKLR
Civil Procedure - application for extension of time for lodging an appeal - previous appeal having been struck out on a technicality - delay of 8 months - applicant's counsel stating that the delay was due to an illness and subsequent bereavement in his family - whether explanation adequate - whether the delay was inordinate.
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EUNICE ANYANGO MATINI V REPUBLIC [2004] EKLR
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Case Number: Criminal Appeal 214 of 2003 |
Date Delivered: 23 Nov 2004 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: EUNICE ANYANGO MATINI v REPUBLIC
Advocates:
Citation: EUNICE ANYANGO MATINI v REPUBLIC [2004] eKLR
Criminal law - drug trafficking - trafficking in cannabis sativa - bhang - appeal against conviction and sentence if imprisonment for five years - first appeal summarily dismissed - second appeal against sentence - whether the second appellate could deal with the issue of sentence - Narcotic Drugs and Psychotropic Substances Control Act section 4(a); Criminal Procedure Code section 361
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