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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : High Court at Embu.
Christopher Owere V Republic [2005] EKLR
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Case Number: Criminal Revision Case 21 of 2005 |
Date Delivered: 25 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Christopher Owere v Republic
Advocates:
Citation: Christopher Owere v Republic [2005] eKLR
[RULING]Criminal Procedure - accused person pleading guilty to a charge containing two counts: possession of forged currency contrary to section 359 of the Penal code and being unlawfully present in Kenya contrary to section 13(2) of the Immigration Act - accused convicted on both counts and sentenced to imprisonment for 1 year on each count - accused person's application for revision raising the same grounds as an appeal - court exercising its discretion to to determine the legality,correctness and propriety of the trial court's proceedings - whether the sentence was manifestly excessive.
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Ashok D Khetia V Republic [2005] EKLR
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Case Number: Revision Case 26 of 2005 |
Date Delivered: 25 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Ashok D Khetia v Republic
Advocates:
Citation: Ashok D Khetia v Republic [2005] eKLR
Criminal procedure - revision - application by public health officer for an order to close a building under section 117 of the Public Health Act - order granted by the court after hearing the landlord and the health officer - whether the court erred in granting the order without hearing the tenants on the affected land
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Republic V Derrick Waswa Kuloba [2005] EKLR
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Case Number: Crimnal Case 10 of 2002 |
Date Delivered: 25 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Republic v Derrick Waswa Kuloba
Advocates:
Citation: Republic v Derrick Waswa Kuloba [2005] eKLR
Criminal law - murder contrary to section 203 as read with section 204 of the Penal Code - EVIDENCE - burden of proof in criminal cases - standard of proof - duty of the prosecution to establish its case beyond reasonable doubt.
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Peter Nazi V Martha Mumitsi [2005] EKLR
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Case Number: Misc Civ Appli 87 of 2003 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Peter Nazi v Martha Mumitsi
Advocates:
Citation: Peter Nazi v Martha Mumitsi [2005] eKLR
[RULING] Civil Procedure - appeal - application to file an appeal out of time - applicant failing to cite the provisions of law relevant to his application - section 79 G of the Civil Procedure Act - duty of the applicant to satisfy the court that he had good and sufficient reasons why he failed to lodge the appeal within time
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PATRICK KALABANI MAKOKHA V MOSES HASAMBE WAKASIAKA [2005] EKLR
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Case Number: Civil Case 18 of 2003 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: PATRICK KALABANI MAKOKHA v MOSES HASAMBE WAKASIAKA
Advocates:
Citation: PATRICK KALABANI MAKOKHA v MOSES HASAMBE WAKASIAKA [2005] eKLR
[RULING] Land Law-adverse possession-where the applicant is one of the five registered proprietors-validity of the application
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In Re The Estate Of Alfayo Sitati (Deceased) [2005] EKLR
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Case Number: Prob & Admin Cause 94 of 2002 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: In Re the Estate of Alfayo Sitati (Deceased)
Advocates:
Citation: In Re the Estate of Alfayo Sitati (Deceased) [2005] eKLR
[RULING] Probate and administration - application to strike out succession proceedings - applicant stating that the petitioner should not have filed a fresh action as he had been named as a beneficiary in previous succession proceedings involving the same estate - whether the proceedings were incompetent
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Republic V Attorney General & Another Ex-parte Ndiwa Namunyu [2005] EKLR
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Case Number: Misc Civ Appli 112 of 2002 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Republic v Attorney General (for Sitikho Land Disputes Tribunal); Sameul Samita Namunyu Ex-parte Ndiwa Namunyu
Advocates:
Citation: Republic v Attorney General & another Ex-parte Ndiwa Namunyu [2005] eKLR
[RULING]Judicial review - procedure - application for amendment of motion under Order VIA rules 3 and 4 of the Civil Procedure Rules - Order LIII is a special jurisdiction promulgated under section 9 of the Law Reform Act - the provisions of the Civil Procedure Act and the rules therein do not apply - whether the application was incompetent.
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SAMWEL WAFUNAFU WACHILONGA V JOHN MAKOKHA SAKWA [2005] EKLR
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Case Number: Civil Suit 82 of 2005 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: SAMWEL WAFUNAFU WACHILONGA V JOHN MAKOKHA SAKWA
Advocates:
Citation: SAMWEL WAFUNAFU WACHILONGA V JOHN MAKOKHA SAKWA [2005] eKLR
[RULING] - Injunctions - Land Law - Adverse possession - Principles of injunctions - Purpose of a temporary injunction - Order 39 rules 1, 2 and 3 of the Civil Procedure Rules.
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Eugene Waswa V Christopher Simiyu [2005] EKLR
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Case Number: Misc Civ Appli 178 of 2003 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Eugene Waswa v Christopher Simiyu
Advocates:
Citation: Eugene Waswa v Christopher Simiyu [2005] eKLR
[RULING] Civil Procedure - application for leave to file an appeal out of time under section 79 G of the Civil Procedure Act and under Order XLIX rule 5 of the Civil Procedure Rules
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WESLEY KIPTANUI KIPKEMOI V SIMON SIMIYU WETUNDU [2005] EKLR
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Case Number: Civil Appeal 41 of 2003 |
Date Delivered: 16 Nov 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: WESLEY KIPTANUI KIPKEMOI v SIMON SIMIYU WETUNDU
Advocates:
Citation: WESLEY KIPTANUI KIPKEMOI v SIMON SIMIYU WETUNDU [2005] eKLR
[Ruling] Civil Practice and Procedure - execution - application by a judgment debtor to be allowed to discharge the decretal sum by payment in instalments - decree holder opposing the application - discretion of the court in considering such cases - whether the fact that the debtor is impecunious is sufficient reason for the court to indulge him - matters the court will consider - duty of a debtor to show his bona fides by arranging prompt payments of a fair proportion of the debt - consideration of the prejudice that may be caused to the creditor -
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