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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : Employment and Labour Relations Court at Machakos.
JASSAN KIPTOO KOSGEI T/A TAACHASIS WHOLESALERS V NATIONAL BANK OF KENYA LTD [2005] EKLR
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Case Number: Civil Case 59 of 2000 |
Date Delivered: 20 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: JASSAN KIPTOO KOSGEI T/A TAACHASIS WHOLESALERS v NATIONAL BANK OF KENYA LTD
Advocates:
Citation: JASSAN KIPTOO KOSGEI T/A TAACHASIS WHOLESALERS v NATIONAL BANK OF KENYA LTD [2005] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - application – application for orders – where the court had set aside interim orders granted – application to reinstate them – factors court considers in such applications – validity of order - Civil Procedure Act (cap 21) section 3 and 3A; Civil Procedure Rules Order 39
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Jacob Kipchirchir Toroitich V Republic [2005] EKLR
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Case Number: Criminal Appeal 18A of 2005 |
Date Delivered: 20 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: Jacob Kipchirchir Toroitich v Republic
Advocates:
Citation: Jacob Kipchirchir Toroitich v Republic [2005] eKLR
Appeal-criminal law-arson-criminal practice and procedure-legal requirement for the trial court to consider and make findings on both the prosecution and defence cases-where the trial court does not make a specific finding on the defence case-whether a conviction based on such findings is invalid-Criminal Procedure Code (cap.75),section 196(1)
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SAVANA SAW MILLS LTD V GEORGE MWALE MUDOMO [2005] EKLR
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Case Number: Civil Appeal 23 of 2004 |
Date Delivered: 19 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: SAVANA SAW MILLS LTD v GEORGE MWALE MUDOMO
Advocates:
Citation: SAVANA SAW MILLS LTD v GEORGE MWALE MUDOMO [2005] eKLR
Civil Practice and Procedure - filing of documents in court - a document can only be deemed to be filed if the relevant court fees have been paid - party failing to pay the filing fees for written submissions - whether such party could be heard to argue that the submissions were not considered by the court - Civil Procedure Act section 96
Damages - general damages - for pain and suffering arising from personal injuries - dislocation of wrist joint - quantum of damages - discretion of the court in awarding general damages - principles the court will consider
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JOHN KISORIO V AFRICAN HIGHLAND PRODUCE [2005] EKLR
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Case Number: Civil Case 312 of 1997 |
Date Delivered: 14 Dec 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: JOHN KISORIO V AFRICAN HIGHLAND PRODUCE
Advocates:
Citation: JOHN KISORIO V AFRICAN HIGHLAND PRODUCE [2005] eKLR
[RULING] - Civil procedure and Practice - Application for warrants of attachment and notification of sale issued be declared null and void - Effect of failure to pay full filing fees - Auctioneer's jurisdiction - Whether the Deputy Registrar can extend auctioneer's jurisdiction to execute.
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TRIDEV CONSTRUCTION V CHARLES WEKESA KASEMBELI [2005] EKLR
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Case Number: Civil Appeal 121 of 2002 |
Date Delivered: 07 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: TRIDEV CONSTRUCTION v CHARLES WEKESA KASEMBELI
Advocates:
Citation: TRIDEV CONSTRUCTION v CHARLES WEKESA KASEMBELI [2005] eKLR
Negligence - duty of care - suit by employee against employer for injuries sustained in the course of duty - employee injured after suffering a fall of 10 metres from the roof of a building on which he was working - scope the duty of care imposed on an employer - duty to provide a safe system of work - whether the employer was negligent - quantum of general damages for personal injuries - matters an appellate court will consider in deciding whether to interfere with an award of damages made by a trial court
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In Re NKT (A Minor) [2005] EKLR
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Case Number: Adoption Cause 1B of 2003 |
Date Delivered: 05 Dec 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: In Re NKT (A Minor)
Advocates:
Citation: In Re NKT (A Minor) [2005] eKLR
[RULING] Family law - adoption of infants - application for a review of a court order granting the custody of an infant - Civil Procedure Rules Order XLIV rule 1 - application for an adoption order - prayer for review based on the ground of an error apparent on the face of the record,in that the court had awarded an order of custody whereas the applicant had made a prayer for an adoption order.
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SIMEON OMBISI V KAMAU NGUGI & ANOTHER [2005] EKLR
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Case Number: Civil Suit 33 of 2001 |
Date Delivered: 29 Nov 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: SIMEON OMBISI V KAMAU NGUGI & DANIEL MUTHUI KIBARA
Advocates:
Citation: SIMEON OMBISI V KAMAU NGUGI & ANOTHER [2005] eKLR
Negligence - road traffic accident - action for damages for negligence - personal injuries - amputation of the right leg above the knee, bruises on hands and injury to hip joint - pleadings - a plaintiff who does not traverse the particulars of negligence as alleged by a defendant, admits the negligence as alleged in the defence - quantum of damages
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In Re The Estate Of Chepsiror (Deceased) [2005] EKLR
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Case Number: Prob & Admin 222 of 2000 |
Date Delivered: 25 Nov 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: In Re the Estate of Chepsiror (Deceased)
Advocates:
Citation: In Re the Estate of Chepsiror (Deceased) [2005] eKLR
[RULING]- Probate and Administration - Civil Procedure and Practice - Rule 59 and 73 of the Probate & Administration Rules - Application to participate in proceedings - Where applicants bought land from the administrator before she obtained letters of administration - Where it has been alleged that there is no proof that applicants acquired interest in land through gifts and purchases - Section 93 of the Law of Succession Act - Section 82 (b) (ii) of the Law of Succession Act - Exercise of the inherent power of the court - intermeddling under section 44 of the Law of Succession Act(cap 160)- Whether the advocate for the applicant is properly on record - Leave to participate in proceedings is granted.
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Republic V Attorney General & 2 Others Ex-Parte Flomena Chepkemboi & 2 Others [2005] EKLR
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Case Number: Misc Appli 172 of 2004 |
Date Delivered: 25 Nov 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: Republic v Attorney General; Chairman Soy/Turbo Land Control Board; District Land Registrar,Uasin Gishu District Ex-Parte Flomena Chepkemboi (Applicant) Kiplagat Ole Sigowo; Jonathan Kiptum Kurgat (Interested Parties)
Advocates:
Citation: Republic v Attorney General & 2 others Ex-Parte Flomena Chepkemboi & 2 others [2005] eKLR
[RULING]Civil Procedure - Judicial review - applicability of the Civil Procedure Rules to judicial review procedure - preliminary objection to an application to set aside an order striking out judicial review proceedings and for the reinstatement of the proceedings - application made under Order XX Rule 22 and Order XXIV Rule 1 Civil Procedure Rules and Section 3 and 3A of the Civil Procedure Act - whether the application was incompetent.
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Eastern Produce (K) Ltd V Shikuku Kisamartin [2005] EKLR
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Case Number: Civil Appeal 39 of 2004[1] |
Date Delivered: 17 Nov 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Eldoret
Parties: Eastern Produce (K) Ltd v Shikuku Kisamartin
Advocates:
Citation: Eastern Produce (K) Ltd v Shikuku Kisamartin [2005] eKLR
Negligence - duty of care - duty owed by an employer to his employees with regard to providing a safe system of work - duty to provide both a safe system of work and supervision of the employees in the operation of the system - duty of a claimant employee to prove the occurrence of the accident alleged to have caused his injury while in the course of his employment.
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