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Filter Case Year : 2005. Court Name : High Court at Kerugoya.
JOTHAM MUGALO V TELKOM (K) LTD [2005] EKLR
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Case Number: Civil Suit 166 Of 2001 |
Date Delivered: 20 Dec 2005 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Kisumu
Parties: JOTHAM MUGALO V TELKOM (K) LTD
Advocates:
Citation: JOTHAM MUGALO V TELKOM (K) LTD [2005] EKLR
[RULING] Civil Practice and Procedure-execution-partial discharge of decree pending appeal-application for extension of time to comply-where the applicant’s advocate claims to have been in communication with the wrong client-merit of the application
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JORAM WERE & Another V TRANSPARES (K) LTD & 3 Others [2005] EKLR
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Case Number: Civil Case 82 Of 2002 |
Date Delivered: 01 Dec 2005 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Kisumu
Parties: JORAM WERE & Another V TRANSPARES (K) LTD, WILSON KOSKEI KIPKAMOI, AUTO SUAR PARTS LTD & MOHAN SINGH DHILION
Advocates:
Citation: JORAM WERE & Another V TRANSPARES (K) LTD & 3 Others [2005] EKLR
[RULING] Civil Practice and Procedure-suits-striking out-third party proceedings-where the suit against the second and fourth defendants who are being joined as third parties was dismissed with costs-whether the third party notices are frivolous ,scandalous and vexatious-Civil Procedure Rules, Order VI, rule 13 (1)(b) and (d); Civil Procedure Act (cap.21), Section 3 and 3A
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GRANDWAYS VENTURES LIMITED V RELIANCE BANK LIMITED (IN LIQUIDATION) & ANOTHER
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Case Number: Civil Case 272 of 2001 |
Date Delivered: 23 Nov 2005 |
Judge: B. K. TANUI
Court: High Court at Kisumu
Parties: GRANDWAYS VENTURES LIMITED V RELIANCE BANK LIMITED (IN LIQUIDATION)&
SOUTHERN CREDIT FINANCE BANK LIMITED [2005] eKLR
Advocates:
Citation: GRANDWAYS VENTURES LIMITED V RELIANCE BANK LIMITED (IN LIQUIDATION) & ANOTHER
[RULING] Civil Practice and Procedure-review-consent orders-whether the court has jurisdiction to review a consent order-where the parties recorded by consent agreed issues for determination and the plaintiff later filed an amended plaint-whether failure to incorporate issues raised by the amended plaint constitute a mutual mistake apparent on the face of the record-whether the court may frame issues even after close of the case-Civil Procedure Rules, Order XIV, rules 3(3) and 5(1), (2)
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BAO INVESTMENTS & OFFICE MANAGEMENT SERVICE LTD V HOUSING FINANCE OF KENYA [2005] EKLR
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Case Number: Civil Suit 75 of 2005 |
Date Delivered: 18 Nov 2005 |
Judge: B. K. TANUI
Court: High Court at Kisumu
Parties: BAO INVESTMENTS & OFFICE MANAGEMENT SERVICE LTD V HOUSING FINANCE OF
KENYA
Advocates:
Citation: BAO INVESTMENTS & OFFICE MANAGEMENT SERVICE LTD V HOUSING FINANCE OF KENYA [2005] eKLR
[RULING] Civil Practice and Procedure-preliminary objection-grounds on which a preliminary objection may be invoked-TEMPORARY INJUNCTION-where the orders were granted ex-parte-whether the aggrieved party ought to proceed by way of preliminary objection or seek a discharge or variation of the order
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Republic V Ministry Of Health Ex-Parte Bindi A Gadhia [2005] EKLR
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Case Number: Misc Appli 124 of 2005 |
Date Delivered: 17 Nov 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: Republic v Attorney General on behalf of the Ministry of Health Ex-Parte Bindi A Gadhia
Advocates:
Citation: Republic v Ministry of Health Ex-Parte Bindi A Gadhia [2005] eKLR
[RULING] Judicial review - application for orders of prohibition,mandamus and certiorari against the Ministry of Health - applicant stating that the respondent had unlawfully refused to register her as a Medical Laboratory Technologist - whether prohibition could issue - to restrain the Interested Party from preventing the applicant from working - whether mandamus could issue to compel the Interested Party to issue a certificate of registration of the applicant - whether certiorari could issue to quash the decision of the interested party.
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D.A.S. V P.O.O. [2005] EKLR
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Case Number: Divorce Cause 6 of 1999 |
Date Delivered: 14 Nov 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: D.A.S. v P.O.O.
Advocates:
Citation: D.A.S. v P.O.O. [2005] eKLR
Family law - divorce - petition for dissolution of marriage - Luo customary marriage having been converted into a statutory marriage under the Marriage Act - allegations of adultery,cruelty and negligence against the respondent - whether the marriage had irretrievably broken down and should be dissolved - custody of children.
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Elias Obonyo Okono V John Omonge Misenya [2005] EKLR
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Case Number: Civil Appeal 34 of 2002[1] |
Date Delivered: 11 Nov 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: Elias Obonyo Okono v John Omonge Misenya
Advocates:
Citation: Elias Obonyo Okono v John Omonge Misenya [2005] eKLR
Civil Procedure - land dispute - jurisdiction - whether the trial court erred in entertaining a dispute involving a parcel of land which was still within the land adjudication process contrary to Section 30(1) of the Land Adjudication Act
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Roselyne Achieng Atengi V Marko Odhiambo & Another [2005] EKLR
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Case Number: Civil Appeal 198 of 2003 |
Date Delivered: 10 Nov 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: Roselyne Achieng Atengi v Marko Odhiambo & Raphael Omollo
Advocates:
Citation: Roselyne Achieng Atengi v Marko Odhiambo & another [2005] eKLR
Civil Procedure and Practice - Appeal against the quantum of damages awarded by the trial Court - Judicial discretion exercised by the Magistrate - When the Court of Appeal can interfere with the discretion of a judge - Incompetent appeal - Order XLI rule 1A of Civil Procedure Rules - Appeal struck out.
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Hughes Limited V Josephat Okello Siara [2005] EKLR
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Case Number: Civil Appeal 121 of 2001 |
Date Delivered: 09 Nov 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: Hughes Limited v Josephat Okello Siara
Advocates:
Citation: Hughes Limited v Josephat Okello Siara [2005] eKLR
Appeal from judgment and decree of lower court – Where special damages and general damages are sought for false imprisonment,malicious prosecution and wrongful dismissal - whether the quantum of the damages awarded were justifiable – Circumstances where the appellate court interferes with the lower court’s exercise of its unfettered discretion in awarding damages – General damages reduced.
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BENSON ONDIMU MASESE V KENYA TEA DEVELOPMENT AGENCY LIMITED [2005] EKLR
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Case Number: Civil Case 75 of 2004 |
Date Delivered: 28 Oct 2005 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: BENSON ONDIMU MASESE v KENYA TEA DEVELOPMENT AGENCY LIMITED
Advocates:
Citation: BENSON ONDIMU MASESE v KENYA TEA DEVELOPMENT AGENCY LIMITED [2005] eKLR
Defamation-where the defendant wrote two letters alleging that the plaintiffs were unscrupulous lawyers engaged in ambulance chasing-where the letters were part of a report issued to the Minister for Justice and Constitutional affairs-whether the statements constituted fair comment
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