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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : High Court at Nakuru.
Wilson Kipkoech Arap Cheruiyot & Another V Esther Chepkoech Cheruiyot [2005] EKLR
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Case Number: Civil Suit 52 of 2005 (OS) |
Date Delivered: 02 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: Wilson Kipkoech Arap Cheruiyot & Taita Kipngeno Arap Cheruiyot v
Esther Chepkoech Cheruiyot
Advocates:
Citation: Wilson Kipkoech Arap Cheruiyot & another v Esther Chepkoech Cheruiyot [2005] eKLR
[RULING] Land law - adverse possession - claim to title to land by adverse possession - Order XXXVI rule 3D of the Civil Procedure Rules - application for an interlocutory injunction to restrain the defendant from occupying or dealing with the land - Order XXXIX rules 1, 2, 3 - defendant having been granted the authority to deal with the land in succession proceedings - whether the plaintiff's claim had been filed in the wrong forum and ought to be adjudicated in the succession proceedings.
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Godwin Sande Imonje V Republic [2005] EKLR
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Case Number: Criminal Appeal 90 of 2004 |
Date Delivered: 02 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: Godwin Oscar Sande Imonje v Republic
Advocates:
Citation: Godwin Sande Imonje v Republic [2005] eKLR
Criminal law - defilement of a girl (under the age of sixteen years) contrary to Section 145(1) of the Penal Code - alternative charge of indecent assault of a female contrary to Section 144 of the Penal Code - accused person tried and convicted on the alternative charge and sentenced to imprisonment for 7 years - appeal against conviction and sentence - duty of a first appellate court to reconsider and re-evaluate the evidence before the trial court - complainant's evidence found to be contradictory,uncorroborated and raising doubt - whether the prosecution's evidence was sufficient to support the conviction.
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A K R V A K R [2005] EKLR
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Case Number: Divorce Cause 6 of 2002 |
Date Delivered: 02 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: A K R v A K R
Advocates:
Citation: A K R v A K R [2005] eKLR
Family law - divorce - petition for dissolution of marriage on grounds of desertion for over ten years and cruelty - whether the petitioner had established to the required standard of proof that she ought to be granted the petition sought.
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JACKSON BIEGON V CHARLES TOO & 3 Others [2005]eKLR
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Case Number: Civil Suit 85 of 2003 |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: JACKSON BIEGON V CHARLES TOO, DAUDI MUNAI ,PAUL ROTICH , JONAH ROTICH
Advocates:
Citation: JACKSON BIEGON V CHARLES TOO & 3 Others [2005]eKLR
[RULING] - Civil Procedure and Practice - Setting aside of ex-parte judgment - Application for court to allow filing of a defence as per the draft defence annexed to application - Principles considered of whether or not to set aside an interlocutory judgment - Effect of failure to file a defence after leave to file out of time has been granted - How the court treats matters concerning land - Order 9A Rule 10 and 11 of the Civil Procedure Rules.
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African Highlands Produce Co. Ltd V Francis B. Mososi [2005] EKLR
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Case Number: Civil Appeal 22 of 2003 |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: African Highlands Produce Co. Ltd v Francis B. Mososi
Advocates:
Citation: African Highlands Produce Co. Ltd v Francis B. Mososi [2005] eKLR
Negligence - duty of care - employer's duty of care towards employee - suit by employee against employer for damages on account of personal injuries sustained in the course of employment - whether the employer had breached its statutory duty of care towards the employee by failing to provide a safe working environment and equipment - whether the claimant was an employee of the respondent - whether a quarry is a factory within the meaning of section 5 of the Factories Act - quantum of general damages for personal injuries.
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KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT [2005] EKLR
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Case Number: Civil Case 21 of 2001(OS) |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT
Advocates:
Citation: KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT [2005] eKLR
Land law - adverse possession - claim to title to land by adverse possession - claimant stating that he had been in possession of the land for over twenty two years - meaning of adverse possession - mere possession alone not sufficient to found a claim - duty of the claimant to show that his possession was adverse to that of the registered owner - matters that need to be established in order to prove a claim for adverse possession - a claimant who loses possession of the land to the registered owner ceases to be in adverse possession - Limitation of Actions Act sections 37, 38; Civil Procedure Rules Order 36 rules 3, 3D, 12
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WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & ANOTHER [2005] EKLR
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Case Number: Civil Suit 48 of 2000 |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & EDNA CHERONO
MISIONGI
Advocates:
Citation: WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & ANOTHER [2005] eKLR
[RULING] Civil Procedure - review - application to review a court ruling - Order XLIV Rule I and Order III rule 9A of the Civil Procedure Rules - grounds: error apparent on the face of the record - court had erred in ruling that the pleadings filed by the advocate for the defendants were improperly filed due to the fact that the said advocate had not sought the leave of the court to come on record for the defendants after judgment - that the previous advocates had ceased to act for the defendant and therefore it was not necessary to seek the leave of the court
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Collonelius Cheruiyot Koskei V Republic [2005] EKLR
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Case Number: Criminal Appeal 67 of 2005 |
Date Delivered: 11 Nov 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: Collonelius Cheruiyot Koskei v Republic
Advocates:
Citation: Collonelius Cheruiyot Koskei v Republic [2005] eKLR
Criminal law - causing grievous harm contrary to Section 234 of the Penal Code - accused tried,convicted and sentenced to imprisonment for 10 years - appeal - whether the appellant had been convicted on uncorroborated and contradictory evidence - CRIMINAL PROCEDURE - change of trial magistrate - accused person's evidence and defence heard by one magistrate but closing submissions heard by a different magistrate who delivered the judgment convicting the appellant - appellant's counsel having stated that he did not object to the change of magistrates and the continuation of the proceedings - whether the appellant had been prejudiced - Criminal Procedure Code section 200
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MOSES KIMUTAI CHERUIYOT V CHEPKWONY KIMUTAI CHERUIYOT [2005] EKLR
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Case Number: Civil Suit 59 of 1996 |
Date Delivered: 05 Oct 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: MOSES KIMUTAI CHERUIYOT V CHEPKWONY KIMUTAI CHERUIYOT
Advocates:
Citation: MOSES KIMUTAI CHERUIYOT V CHEPKWONY KIMUTAI CHERUIYOT [2005] eKLR
[RULING] Civil Practice and Procedure-consent judgments-setting aside-principles the court will apply in considering whether or not to set aside consent judgments-Civil Procedure Rules, Orders XLV, rule 15; XXI, rule 22 and XLIX, rule 5
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Rael Chemutai Mayiek & Another V Grace Chemutai Kiget [2005] EKLR
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Case Number: Prob & Admin Cause 157 of 2001 |
Date Delivered: 30 Sep 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: Rael Chemutai Mayiek & Christine Chepngeny Leiting v Grace Chemutai Kiget
Advocates:
Citation: Rael Chemutai Mayiek & another v Grace Chemutai Kiget [2005] eKLR
[RULING] Appeals-stay of execution pending appeal-factors the court will consider-Civil Procedure Rules, Order XLI
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