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Filter Case Year : 2006. Court Name : High Court at Nyeri.
Humphrey Oure Vs Afya Co-op Savings & Credit Society Ltd [2006] EKLR
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Case Number: Misc Appli 230 of 2005 |
Date Delivered: 01 Feb 2012 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Kisumu
Parties: Humphrey Oure vs Afya Co-op Savings & Credit Society Ltd
Advocates:
Citation: Humphrey Oure vs Afya Co-op Savings & Credit Society Ltd [2006] eKLR
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PENTECOSTAL ASSEMBLIES OF GOD (K) V JOHN MALWENYI & OTHERS [2006] EKLR
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Case Number: Civil Suit 29 of 2005 |
Date Delivered: 31 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: PENTECOSTAL ASSEMBLIES OF GOD (K) v JOHN MALWENYI & OTHERS
Advocates:
Citation: PENTECOSTAL ASSEMBLIES OF GOD (K) v JOHN MALWENYI & OTHERS [2006] eKLR
[Ruling] Arbitration - arbitration award - application set aside an arbitration award - grounds: that the award did not state the place and date it was made and that it was contrary to law, that it was not signed by all the arbitrators - that the arbitral proceedings were irregular - whether the arbitration had been conducted with the church’s constitution - whether the failure to indicate the date and place of the award prejudiced any party - Civil Procedure Rules Order 45 - Civil Procedure Act section 3A
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NABAT KANJI & ANOTHER V SADRUDIN BHANJI KANJI [2006] EKLR
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Case Number: Civil Appeal 133 of 2005 |
Date Delivered: 31 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: NABAT KANJI & AZIM KANJI v SADRUDIN BHANJI KANJI
Advocates:
Citation: NABAT KANJI & ANOTHER v SADRUDIN BHANJI KANJI [2006] eKLR
Injunctions-interlocutory-application of the principles governing the grant of injunctions
Civil Practice and Procedure-suits-parties-where the respondent sued all alone while he had co-proprietors of the suit premises-validity of the suit
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JOASH KIMUTAI V KENELI AGENCIES [2006] EKLR
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Case Number: Civil Appeal 107 of 2005 |
Date Delivered: 31 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: JOASH KIMUTAI v KENELI AGENCIES
Advocates:
Citation: JOASH KIMUTAI v KENELI AGENCIES [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - time – enlargement of – application for – where the appeal was not file according to prescribed law – court discretion – whether the court can allow a defective application to be heard - Civil Procedure Rules Order 42 rule 2
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Alfayo Peter Koka V Janet Minage Chivangi [2006] EKLR
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Case Number: Civil Appeal 120 of 2001 |
Date Delivered: 30 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Alfayo Peter Koka v Janet Minage Chivangi
Advocates:
Citation: Alfayo Peter Koka v Janet Minage Chivangi [2006] eKLR
Civil Practice and Procedure-judgment-errors-where the record indicates two different dates as the ones on which the judgment was delivered-whether such error renders the judgment invalid-Civil Procedure Rules, Order 20, rule 1
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Barrack Opwapo V Kenya Shell Ltd & Another [2006] EKLR
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Case Number: Civil Appeal 81 of 2005 |
Date Delivered: 30 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Barrack Opwapo v Kenya Shell Ltd & Winam Petroleum Products Ltd
Advocates:
Citation: Barrack Opwapo v Kenya Shell Ltd & another [2006] eKLR
Civil Practice and Procedure - costs - order of costs - where the plaintiff loses his case by failing to prove his claim against the defendant - whether the defendant, in the absence of any reason to the contrary, was entitled to the costs of the litigation - Civil Procedure Act section 27
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Bao Investment & Officer Management Service Ltd V Housing Finance Of Kenya Ltd [2006] EKLR
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Case Number: Civil Suit 75 of 2005 |
Date Delivered: 29 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Bao Investment & Officer Management Service Ltd v Housing Finance of Kenya Ltd
Advocates:
Citation: Bao Investment & Officer Management Service Ltd v Housing Finance of Kenya Ltd [2006] eKLR
[Ruling] Injunction - interlocutory injunction - application for an injunction to restrain the respondent from selling a piece of land by public auction - concealment of a material fact - plaint not containing a pleading that there had been previous proceedings between the same litigants over the same subject matter - non-disclosure influencing the court to issue ex parte orders - whether the conduct of the applicant disentitled him to seek further orders of injunction from the court - Civil Procedure Act section 3A; Civil Procedure Rules Order 39 rules 1,2
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Channah Singh Santa Singh V Agricultural Finance Corp [2006] EKLR
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Case Number: Civil Case 98 of 2001 |
Date Delivered: 29 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Channah Singh Santa Singh v Agricultural Finance Corp
Advocates:
Citation: Channah Singh Santa Singh v Agricultural Finance Corp [2006] eKLR
[Ruling] Civil Practice and Procedure - pleadings - amendment of pleadings - application to amend a plaint to specifically plead the name of a party which had previously been referred to merely as an institution - discretion of the court in deciding whether to allow amendments to pleadings - matters the court will consider in exercising that discretion - Civil Procedure Act section 3A; Civil Procedure Rules Order 6A rules 3(1), 5(1)
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Esther Akinyi Odidi & 2 Others V Sagar Hardware Stores Ltd & Another [2006] EKLR
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Case Number: Civil Appeal 97 of 2005 |
Date Delivered: 26 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Esther Akinyi Odidi & 2 others v Sagar Hardware Stores Ltd & anothe
Advocates:
Citation: Esther Akinyi Odidi & 2 others v Sagar Hardware Stores Ltd & another [2006] eKLR
Estoppel - general estoppel - a person who makes a representation which the other person believes an acts upon may not be allowed to deny the truth of the representation - judgment debtor's lawyer advising the judgment creditor's lawyer that a consent would be prepared so that certain household goods which were attached would released - consent prepared and signed by both parties' advocates - whether the wives of a party to a consent may be deemed to be his representatives for the purpose of the enforcing the estoppel - Evidence Act sections 120, 121
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Kenya Commercial Bank Ltd V Avinder Singh Kondole & 2 Others [2006] EKLR
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Case Number: Civil Appeal 52 of 2005 |
Date Delivered: 25 May 2006 |
Judge: John Wycliffe Mwera
Court: High Court at Kisumu
Parties: Kenya Commercial Bank Ltd v Avinder Singh Kondole & 2 others
Advocates:
Citation: Kenya Commercial Bank Ltd v Avinder Singh Kondole & 2 others [2006] eKLR
JURISDICTION – court jurisdiction – where a lower court had granted garnishee orders – garnishee had agreed to pay out all the debt but failed to do so without reason – whether that court had the mandate to follow up and ensure that the orders were executed
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