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You searched for cases with the following details ; Filter Case Year : 2006. Court Name : High Court at Kisii.
GETRUDE CHAO WAITA V PETER KINYUA MUCHENDU [2006] EKLR
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Case Number: Civil Appli 51 of 2005 |
Date Delivered: 28 Jul 2006 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno
Court: Court of Appeal at Mombasa
Parties: GETRUDE CHAO WAITA v PETER KINYUA MUCHENDU
Advocates:
Citation: GETRUDE CHAO WAITA v PETER KINYUA MUCHENDU [2006] eKLR
[Ruling] Civil Practice and Procedure -appeal - application for an order to strike out an appeal - omission of documents from the record of appeal - documents which are not of a primary nature may be included through a supplementary record of appeal with the leave of the court - court of appeal not concerned with approving the correctness of the order appealed from which is drawn by the High Court - Court of Appeal Rules rules 80, 85(1)(h), 89(1) - Civil Procedure Rules Order 20 rule 7
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REPUBLIC V JOSEPH MURAYA GICHUHI [2006] EKLR
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Case Number: Criminal Appeal 259 of 2005 |
Date Delivered: 24 Jul 2006 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell
Court: Court of Appeal at Mombasa
Parties: REPUBLIC v JOSEPH MURAYA GICHUHI
Advocates:
Citation: REPUBLIC v JOSEPH MURAYA GICHUHI [2006] eKLR
[Ruling] Criminal Practice and Procedure - adjournment - State applying for a certificate under section 379 of the Criminal Procedure Code - appellant's counsel submitting that the state should first withdraw the appeal then file the certificate after obtaining leave - appeal adjourned in the interests of justice to allow the State to take appropriate steps.
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Hassan V Githaiga & 2 Others (2008) 3 KLR (EP) 266
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Case Number: Civil Appeal No 49 of 2006 |
Date Delivered: 21 Jul 2006 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Mombasa
Parties: Hassan v Githaiga & 2 others
Advocates:
Citation: Hassan v Githaiga & 2 others (2008) 3 KLR (EP) 266
Election Petitions-record of appeal- where a primary document was omitted from the Record of Appeal- whether the 1st respondent’s affidavit was a primary document and whether its omission could render the appeal incompetent.
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MJAHID SUO & Another V JOSEPH KASHURU & Another [2006] EKLR
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Case Number: Civil Appeal 287 of 2004 |
Date Delivered: 21 Jul 2006 |
Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire
Court: Court of Appeal at Mombasa
Parties: MJAHID SUO & RICHARD BAYA v JOSEPH KASHURU & MOHAMED MWENZAGU
Advocates:
Citation: MJAHID SUO & another v JOSEPH KASHURU & another [2006] eKLR
[Ruling] Civil Practice and Procedure - leave to appeal - appeal against a decision of the High Court striking out a plaint - whether such striking out conclusively determined the rights of the parties with regard to the matters in controversy - whether leave of the High Court was needed to appeal against the decision to the Court of Appeal - notice of appeal filed one day out of time without leave of the Court - respondents failing to answer that point - whether the notice of appeal and record of appeal should be struck out - Civil Procedure Rules Order 42 rule 3
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RAMADHAN ALI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 64 of 2006 |
Date Delivered: 21 Jul 2006 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Mombasa
Parties: RAMADHAN ALI v REPUBLIC
Advocates:
Citation: RAMADHAN ALI v REPUBLIC [2006] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - first appeal dismissed - second appeal - evidence - whether the first appellate court had performed its duty to reconsider the evidence, evaluate it and draw its own conclusions in order to satisfy itself that there was no failure of justice - it is not enough for the first appellate court to merely scrutinize the evidence to see if there was some evidence to support the trial court's findings and conclusions - identification evidence - where a case depends on identification evidence - test that such evidence should meet in order to form a basis for a conviction - Penal Code section 296(2)
Charge - form of charge - charge for the offence of robbery with violence - whether the omission of the words "with others not before the court" rendered the charge defective - whether the omission occasioned a failure of justice - whether the omission was curable - Criminal Procedure Code section 382
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KASSIM ALI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 84 of 2005 |
Date Delivered: 21 Jul 2006 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji
Court: Court of Appeal at Mombasa
Parties: KASSIM ALI v REPUBLIC
Advocates:
Citation: KASSIM ALI v REPUBLIC [2006] eKLR
Criminal law - rape - alternative charge of indecent assault - accused person convicted on the alternative charge and sentenced to imprisonment for 10 years with hard labour - first appeal dismissed - second appeal - Penal Code sections 140, 144(1)
Evidence - corroboration - sexual offences - the law on corroboration of sexual offences and the nature of such corroboration - how a trial court should treat the complainant's evidence in such cases - whether corroboration can be afforded by circumstantial evidence - whether the appellant had been wrongly acquitted on the rape charge
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SAMUEL K. NGUTI V BROOKE BOND (K) LTD [2006] EKLR
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Case Number: Civil Appeal 48 of 2004 |
Date Delivered: 21 Jul 2006 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki
Court: Court of Appeal at Mombasa
Parties: SAMUEL K. NGUTI v BROOKE BOND (K) LTD
Advocates:
Citation: SAMUEL K. NGUTI v BROOKE BOND (K) LTD [2006] eKLR
Civil Practice and Procedure - execution - stay of execution ordered - judgment debtor ordered to deposit decretal amount in a bank account held jointly with the decree-holder's advocates within a prescribed time - deposit made six days outside of the prescribed time - decree-holder's advocates co-operating in the opening of the joint account - decree-holder nevertheless proceeding to execute on the ground that the deposit had been outside of the prescribed period - judgment debtor obtaining an order directing the decree-holder to return the attached property - appeal against the order - whether it could be said that the order of stay of execution had lapsed so that the decree-holder became entitled to execute - whether the acceptance of the late deposit of the decretal sum by the decree-holder outside of the prescribed time disentitled him to proceed with the execution - Civil Procedure Act section 75 - Civil Procedure Rules Order 21
Civil Practice and Procedure - appeal - orders which can be appealed from as of right - application challenging wrongful attachment of property - category of orders which are appeallable as of right under the Civil Procedure Rules orders 21, 42 and section 75 of the Civil Procedure Act - order for the return of attached property made pursuant to an application under the Civil Procedure Rules section 3A and the Civil Procedure Rules Order 39 rule 2(2), Judicature Act section 5 - whether such an order was appellable as a matter of right.
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