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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : Environment and Land Court at Nakuru.
Mutavi Maseki T/a Maseki & Company Advocates V Imran Naushad Mawji & Another [2005] EKLR
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| Case Number: Misc Appli 669 of 2005 |
Date Delivered: 20 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Mutavi Maseki t/a Maseki & Company Advocates v Imran Naushad Mawji; Diamond Trust Bank Kenya Ltd
Advocates:
Citation: Mutavi Maseki t/a Maseki & Company Advocates v Imran Naushad Mawji & another [2005] eKLR
[RULING] Civil Procedure - execution - application for the attachment of property or issue of warrant of arrest - advocate having retained a motor vehicle as a lien over professional fees owed by a client - applicant applying for the release of the motor vehicle on the ground that it belonged to him and had been hired by the client - advocate failing to comply with a court order for the release of the vehicle - disobedience of a court order - contempt of court - whether an arrest warrant should issue against the advocate.
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MOHHAMED & MUIGAI ADVOCATES V SAMUEL KAMAU MACHARIA & ANOTHER [2005] EKLR
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| Case Number: Civil Case 1158 of 2002 |
Date Delivered: 20 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: MOHHAMED & MUIGAI ADVOCATES V SAMUEL KAMAU MACHARIA & JOSEPH GILBERT KIBE
Advocates:
Citation: MOHHAMED & MUIGAI ADVOCATES V SAMUEL KAMAU MACHARIA & ANOTHER [2005] eKLR
[Ruling] Civil Procedure - notice to show cause - notice issued to one defendant - whether the notice was null and void for not having been issued to the two defendants rather than one of them - joint and several liability - liability is said to be joint and several when the creditor may demand payment or sue one or more of the parties to such liability separately, or all of them together at his option - Order 21 rule 18; Order 48 Rule 2 of the Civil Procedure Rules
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KOMASSAI PLANTATIONS LIMITED V BANK OF BARODA (K) LIMITED [2005] EKLR
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| Case Number: Civil Case 284 of 2003 |
Date Delivered: 20 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KOMASSAI PLANTATIONS LIMITED V BANK OF BARODA (K) LIMITED
Advocates:
Citation: KOMASSAI PLANTATIONS LIMITED V BANK OF BARODA (K) LIMITED [2005] eKLR
[RULING] Civil Practice and Procedure-temporary injunction-application for the attachment of the defendants property owing to alleged disobedience with an earlier order for injunction-Civil Procedure Rules, Order XXXIX, rule 2A(1) and (2)-DECREE-extraction from judgment-where there is inconsistency between the extracted order and the handwritten ruling-whether it is the handwritten or the typed ruling which is to be considered in sorting out the inconsistency-Civil Procedure Rules, Order XX, rules 2,3,6,and 7
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ECON CONSTRUCTION AND ENGINEERING LIMITED V GIRO COMMERCIAL BANK LIMITED & ANOTHER [2005] EKLR
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| Case Number: Civil Case 371 of 2003 |
Date Delivered: 19 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ECON CONSTRUCTION AND ENGINEERING LIMITED V GIRO COMMERCIAL BANK LIMITED & WAITHAKA MWANGI
Advocates:
Citation: ECON CONSTRUCTION AND ENGINEERING LIMITED V GIRO COMMERCIAL BANK LIMITED & ANOTHER [2005] eKLR
[Ruling] Civil Procedure - injunction - application for the discharge of an interim injunction - grounds: that the applicant had failed to prosecute his suit within a reasonable time after obtaining an interlocutory injunction - abuse of court process - Order XXXIX Rule 4 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act.
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Kenneth Kiplagat T/a Kiplagat & Associates V National Housing Corporation [2005] EKLR
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| Case Number: Misc Appli 665 of 2005 |
Date Delivered: 16 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Kenneth Kiplagat t/a Kiplagat & Associates v National Housing Corporation
Advocates:
Citation: Kenneth Kiplagat t/a Kiplagat & Associates v National Housing Corporation [2005] eKLR
[RULING] Civil Procedure - taxation of costs - advocate/client costs - application for a stay of proceedings arising out of a taxing officer's decision pending the hearing of an intended reference against the taxation - section 3A of the Civil Procedure Act,Rule 11 of the Advocates (Remuneration) Order - whether the court had jurisdiction under its inherent powers to stay the suit - whether the intended reference had any chances of success.
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KAIZEN INVESTMENTS LIMITED V ECONOMIC REVIEW LIMITED [2005] EKLR
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| Case Number: Civil Case 536 of 1998 |
Date Delivered: 16 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KAIZEN INVESTMENTS LIMITED V ECONOMIC REVIEW LIMITED
Advocates:
Citation: KAIZEN INVESTMENTS LIMITED V ECONOMIC REVIEW LIMITED [2005] eKLR
[RULING] - Civil Procedure and Practice - Application to dismiss suit for want of prosecution - Where no action has been taken towards prosecution of the suit - Where there was non-attendance by the Plaintiff at the hearing of the application - Order 16, Rule 5(d) of the Civil Procedure Rules.
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SAMUEL GITHEGI MBUGUA & GRACE MUTHONI V CO-OPERATIVE BANK OF KENYA LIMITED
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| Case Number: Civil Suit 5 of 2002 |
Date Delivered: 16 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SAMUEL GITHEGI MBUGUA & ANOTHER V CO-OPERATIVE BANK OF KENYA LIMITED
Advocates:
Citation: SAMUEL GITHEGI MBUGUA & GRACE MUTHONI V CO-OPERATIVE BANK OF KENYA LIMITED
[RULING] Civil Procedure - dismissal of suit for want of prosecution - application for dismissal under the Civil Procedure Rules order XVI rule 5(a) - grounds: that the plaintiff had failed to set the suit down for hearing within three months after the close of pleadings - court finding that the pleadings had not closed - application dismissed.
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NATIONAL BANK OF KENYA LIMITED V INNOCENT OBIRI MOMANYI [2005] EKLR
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| Case Number: Civil Case 280 of 2000 |
Date Delivered: 16 Dec 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: NATIONAL BANK OF KENYA LIMITED V INNOCENT OBIRI MOMANYI
Advocates:
Citation: NATIONAL BANK OF KENYA LIMITED V INNOCENT OBIRI MOMANYI [2005] eKLR
[RULING] - Civil procedure and Practice - Where the Judgment Debtor is seeking to compel the Decree Holder to execute the decree in a particular way - Are shares immovable property - Interpretation of Order 21 Rule 72 of the Civil Procedure Rules - Section 3A of the Civil Procedure Act.
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ELIKEM PHARMACEUTICALS LIMITED V SIPRI PHARMACEUTICALS LIMITED & ANOTHER [2005] EKLR
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| Case Number: Civil Suit 411 of 1999 |
Date Delivered: 15 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ELIKEM PHARMACEUTICALS LIMITED V SIPRI PHARMACEUTICALS LIMITED &
DELPHIS BANK LIMITED
Advocates:
Citation: ELIKEM PHARMACEUTICALS LIMITED V SIPRI PHARMACEUTICALS LIMITED & ANOTHER [2005] eKLR
Sale of Goods - Contract law - Rules governing importation, manufacturing and sale of drugs in Kenya - Determination of liability - Who is to apply for registration of drugs with the Pharmacy and Poisons Board - Effect of an irrevocable letter of credit being issued - Proof of case on a standard provided by law - Rule 3 of the Pharmacy and Poison (Registration of Drugs) Rules.
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EQUATORIAL COMMERCIAL BANK LIMITED & 2 OTHERS V RETREAT VILLAS LIMITED
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| Case Number: Civil Case 443 of 2001 (1) |
Date Delivered: 14 Dec 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: EQUATORIAL COMMERCIAL BANK LIMITED, SOUTHERN CREDIT BANKING
CORPORATION LIMITED & FIDELITY SHIELD INSURANCE COMPANY LIMITED V
RETREAT VILLAS LIMITED
Advocates:
Citation: EQUATORIAL COMMERCIAL BANK LIMITED & 2 OTHERS V RETREAT VILLAS LIMITED
Conveyancing Practice and Procedure - Exercise of statutory power of sale - Authority in law to appoint a receiver - Differentiating English mortgages and Simple mortgages - Does a receiver/manager have the power to borrow on behalf of the company and if they do who becomes liable - Where relief is sought for a certain sum - Can the court grant an order for signing of leases where the suit is not one for specific performance - Equity will not suffer a wrong to be without a remedy - Section 69 (F) (1) Transfer of Property Act - Civil procedure and practice - When can a verifying affidavit be filed - Order 7 Rule 1 (2) of the Civil Procedure Rules.
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