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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : High Court at Mombasa.
DANIEL MURIITHI KAMONDE V MARY WANJIKU KAMONDE [2005] EKLR
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Case Number: Civil Appli 349 of 2004 |
Date Delivered: 18 Nov 2005 |
Judge: Philip Nyamu Waki
Court: Court of Appeal at Nyeri
Parties: DANIEL MURIITHI KAMONDE v MARY WANJIKU KAMONDE
Advocates:
Citation: DANIEL MURIITHI KAMONDE v MARY WANJIKU KAMONDE [2005] eKLR
[Ruling]Civil Practice and Procedure – appeal – extension of time – application for extension of time to file and serve notice and record of appeal – discretion of the Court of Appeal to extend time – nature of the discretion and the considerations upon which it will be exercised – where the case is a family dispute over land ownership – applicant attributing delay to the mistake of advocate - Court of Appeal Rules rule 4
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MUKUNGA NJOKA V WANJIKU NJOKA [2005] EKLR
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Case Number: Civil Appli 93 of 2005 |
Date Delivered: 18 Nov 2005 |
Judge: Philip Nyamu Waki
Court: Court of Appeal at Nyeri
Parties: MUKUNGA NJOKA v WANJIKU NJOKA
Advocates:
Citation: MUKUNGA NJOKA v WANJIKU NJOKA [2005] eKLR
[Ruling] Civil Procedure and Practice – appeal – extension of time – application for extension of time to file and serve notice of appeal – discretion of a single judge of the Court of Appeal to extend time – nature and scope of the discretion – the factors that the Court will consider in exercising its discretion – delay in filing notice of appeal attributed to mistake of advocate - failure by the intended appellant to serve a copy of the letter bespeaking copies of the proceedings on the intended respondents – advocate admitting personal responsibility for his mistake – intended appeal raising the issue of whether married daughters of a deceased person were entitled to inherit the deceased’s land – whether the intended appeal had merit –whether an extension of time should be granted – whether the applicant’s advocate should personally bear the costs of the application - Court of Appeal Rules rules 4, 81
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Joseph Njiru Njagi & Another V Republic [2005] EKLR
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Case Number: Criminal Appeal 160 of 2004 |
Date Delivered: 03 Nov 2005 |
Judge: Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Joseph Njiru Njagi; David Njeru Ndwiga v Republic
Advocates:
Citation: Joseph Njiru Njagi & another v Republic [2005] eKLR
Criminal law - charge of robbery with violence contrary to section 296(2) of the Penal Code - two accused persons convicted and sentenced to death first appeals dismissed - second appeal - one appellant passing away during the pendency of his appeal - abatement of appeal under rule 68(1)(a) of the Court of Appeal Rules - appellant convicted solely on the evidence of a single identifying witness at night - to justify a conviction the evidence of a single witness should be tested with the greatest care especially when the prevailing conditions are not favorable to correct identification and that before the court can base a conviction on such evidence it must be satisfied that such evidence is absolutely watertight - whether the evidence of identification was free from the possibility of error - whether the conviction should be quashed and sentence set aside.
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JOHN MURIMI NGARI V KABUCHU RWARIO KANJA & ANOTHER [2005] EKLR
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Case Number: Civil Application Nai 225 of 2005 |
Date Delivered: 03 Nov 2005 |
Judge: Philip Kiptoo Tunoi
Court: Court of Appeal at Nyeri
Parties: JOHN MURIMI NGARI V KABUCHU RWARIO KANJA & MWENJA MUNYIRI MIGWI
Advocates:
Citation: JOHN MURIMI NGARI V KABUCHU RWARIO KANJA & ANOTHER [2005] eKLR
[RULING] Appeal-application for extension of time to file a reference from a judgment of the high court-whether a delay of eight days is inordinate-Rules of the High Court, Rule 4
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James Maina Njuguna V Republic [2005] EKLR
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Case Number: Criminal Appeal 196 of 2005 |
Date Delivered: 03 Nov 2005 |
Judge: Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: James Maina Njuguna v Republic
Advocates:
Citation: James Maina Njuguna v Republic [2005] eKLR
Criminal procedure - prosecutor - police prosecutor of the rank of Senior Sergeant taking part in a trial covering the evidence of the six prosecution witnesses and part of the trial within a trial - prosecution subsequently taken over by a police prosecutor of the rank of Inspector - previous prosecutor not qualified under section 85 (2) of the Criminal Procedure Code to be a Court Prosecutor since he was a police officer below the rank of Assistant Inspector of Police - whether the trial should be nullified - whether a retrial should be ordered.
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John Njeru Kathenya V Republic [2005] EKLR
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Case Number: Criminal Appeal 81 of 2005 |
Date Delivered: 01 Nov 2005 |
Judge: Johnson Evan Gicheru, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: John Njeru Kathenya v Republic
Advocates:
Citation: John Njeru Kathenya v Republic [2005] eKLR
Criminal law - manslaughter contrary to section 205 of the Penal Code - killing of a police officer in the execution of his duty - accused person convicted and sentenced to imprisonment for 10 years - appeal against sentence - whether the sentence was harsh and excessive - whether the trial court had failed to consider the appellant's mitigating factors,including his illness - whether there existed any grounds to justify the reduction of the sentence.
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WANDIRI KARIMI (Minor Suing Through Next Friend And Mother LYDIA KARIMI V GHALIB KHAN & ANOTHER [2005] EKLR
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Case Number: Civil Application Nai 179 of 2005 (NYR. 8/2005) |
Date Delivered: 01 Nov 2005 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nyeri
Parties: WANDIRI KARIMI (Minor suing through Next friend and mother LYDIA
KARIMI V GHALIB KHAN & NEER CONSTRUCTION
Advocates:
Citation: WANDIRI KARIMI (Minor suing through Next friend and mother LYDIA KARIMI V GHALIB KHAN & ANOTHER [2005] eKLR
[RULING] Civil Procedure - extension of time - application for extension of time to file record of appeal out of time
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Richard Micheni Kaburu V Republic [2005] EKLR
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Case Number: Criminal Appeal 103 of 2005 |
Date Delivered: 31 Oct 2005 |
Judge: Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Richard Micheni Kaburu v Republic
Advocates:
Citation: Richard Micheni Kaburu v Republic [2005] eKLR
Criminal law - robbery with violence contrary to section 296 (2) of the Penal Code - evidence - trial court and first appellate court failing to properly consider the evidence of the accused person - accused person convicted - appeal - whether the conviction was unsafe and the appeal ought to be allowed.
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Charles Murithi Muthuri & 2 Others V Esther Karambu [2005] EKLR
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Case Number: Civil Appeal 341 of 2002 |
Date Delivered: 28 Oct 2005 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Charles Murithi Muthuri; Josphat Nturibi Mboroti & Goeffrey Gitonga Mboroti v Esther Karambu
Advocates:
Citation: Charles Murithi Muthuri & 2 others v Esther Karambu [2005] eKLR
[RULING] Civil procedure - application to strike out an appeal on the ground that the notice of appeal had been served out of time - the applicant should have brought her motion to strike out the appeal within thirty days from the date she was served with the record of appeal - application struck out - Court of Appeal Rules rules 74(2),80
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Samuel Ndirangu V Patrick Wachira Ndiritu [2005] EKLR
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Case Number: Civil Application NAI 89 of 2004 |
Date Delivered: 28 Oct 2005 |
Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nyeri
Parties: Samuel Ndirangu v Patrick Wachira Ndiritu
Advocates:
Citation: Samuel Ndirangu v Patrick Wachira Ndiritu [2005] eKLR
[RULING] Civil procedure - reference from the ruling of a single appellate judge on an application for extension of time to lodge notice of appeal and record of appeal - Court of Appeal Rules rule 4 - the full court will not disturb the decision of a judge in the exercise of his discretion except where he has misdirected himself in some matter and as a result arrive at a wrong decision or unless it is manifest from the case as a whole that he was clearly wrong in the exercise of his discretion and that as a result,there has been injustice
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