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Filter Case Year : 2009.
Timothy Irungu Ndegwa V Republic [2009] EKLR
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Case Number: Criminal Appeal 9 of 2003 |
Date Delivered: 18 Dec 2009 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nairobi
Parties: Timothy Irungu Ndegwa v Republic
Advocates:
Citation: Timothy Irungu Ndegwa v Republic [2009] eKLR
Criminal law – murder –first appeal – matters to be considered in a first appeal – evidence – corroboration – evidence of an accomplice - appellant claiming that the prosecution’s chief witness was an accomplice therefore her evidence should have been corroborated- manner in which court should handle accomplice evidence - whether court to consider credibility of evidence before considering necessity of corroborating evidence – credibility of witness - corroboration of the prosecution’s chief witness’s evidence – establishing whether the prosecution’s chief witness was an accomplice Evidence – accomplice – failure by the trial judge to direct the assessors and himself on the need for corroboration of accomplice evidence – consequence of such omission
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Meteine Ole Kilelu & 19 Others V Moses K. Nailole [2009] EKLR
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Case Number: Civil Application 340 of 2008 |
Date Delivered: 18 Dec 2009 |
Judge: John walter Onyango Otieno, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Court: Court of Appeal at Nairobi
Parties: Meteine Ole Kilelu & 19 others v Moses K. Nailole
Advocates:
Citation: Meteine Ole Kilelu & 19 others v Moses K. Nailole [2009] eKLR
[Ruling] Civil Practice and Procedure - stay of execution - application for stay of execution of a High Court decree - matters which the applicant is required to establish to the court - suit relating to defamation - applicant failing to prove that appeal would be rendered nugatory
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George Kimani Wamai & Another V Republic [2009] EKLR
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Case Number: Criminal Appeal 452 of 2007 |
Date Delivered: 18 Dec 2009 |
Judge: Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Court: Court of Appeal at Nairobi
Parties: George Kimani Wamai & Another v Republic
Advocates:
Citation: George Kimani Wamai & another v Republic [2009] eKLR
Evidence - criminal evidence - second appeal - second appeal against conviction and sentence for robbery with violence - identification evidence - identification by single witness - strength of the testimony of a single witness - principles the courts will apply in dealing with such evidence
Criminal law - defence of alibi - concurrent finding by trial and first appellate court that the appellants’ case was displaced by the prosecution case - whether the issue was correctly dealt with by the two courts
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Purbai Gopal Ramji Patel V Asset Recovery Services Ltd & Another [2009] EKLR
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Case Number: Civil Application 213 of 2009 |
Date Delivered: 18 Dec 2009 |
Judge: Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu
Court: Court of Appeal at Nairobi
Parties: Purbai Gopal Ramji Patel v Asset Recovery Services Ltd & another
Advocates:
Citation: Purbai Gopal Ramji Patel v Asset Recovery Services Ltd & another [2009] eKLR
[Ruling] Civil Practice and Procedure – injunction – applicant seeking to appeal against High Court ruling dismissing application for injunction – applicant contending that an assignment cannot confer an assignee statutory power of sale without actual transfer of charge by registered charge – weight of such contention – failure to serve notice of appeal to chargee – whether 1st respondent demonstrated ability to repay the estimated value of the suit property - arguability of intended appeal
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Aineah Likuyani Njirah V Aga Khan Health Services [2009] EKLR
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Case Number: Civil Application 194 of 2009 |
Date Delivered: 17 Dec 2009 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Aineah Likuyani Njirah v Aga Khan Health Services
Advocates:
Citation: Aineah Likuyani Njirah v Aga Khan Health Services [2009] eKLR
[Ruling] Civil Procedure and Practice – extension of time - application to for extension of time to file and serve record of appeal out of time – factors to be satisfied by the court – merit of intended appeal – effect of inordinate delay in filing application
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CFC Financial Services Limited V Juja Road Fancy Store Limited [2009] EKLR
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Case Number: Civil Application 323 of 2009 |
Date Delivered: 16 Dec 2009 |
Judge: John walter Onyango Otieno
Court: Court of Appeal at Nairobi
Parties: CFC Financial Services Limited v Juja Road Fancy Store Limited
Advocates:
Citation: CFC Financial Services Limited v Juja Road Fancy Store Limited [2009] eKLR
[Ruling] Civil Practice and Procedure – extension of time – application for extension of time to lodge record of appeal – unfettered discretion of the court in considering extension of time – matters the court will consider in such applications - whether the applicant had satisfactorily explained the delay – Rule 4 Court of Appeal Rules
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Samuel Njirani Ngabia V Michael Thungu Wanyoike & Another [2009] EKLR
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Case Number: Civil Application 184 of 2009 |
Date Delivered: 13 Dec 2009 |
Judge: Joseph Gregory Nyamu
Court: Court of Appeal at Nairobi
Parties: Samuel Njirani Ngabia v Michael Thungu Wanyoike & another
Advocates:
Citation: Samuel Njirani Ngabia v Michael Thungu Wanyoike & another [2009] eKLR
[Ruling] Civil Practice and Procedure – extension of time – application for extension of time to lodge record of appeal – unfettered discretion of the court in considering extension of time – matters the court will consider in such applications - whether the applicant had satisfactorily explained the delay – Rule 4 Court of Appeal Rules
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Peter G. N. Nganga V Daniel Gichanga Kariuki T/a Watts Enterprises (A Firm) & Another [2009] EKLR
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Case Number: Civil Application 270 of 2009 |
Date Delivered: 11 Dec 2009 |
Judge: Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Peter G. N. Nganga v Daniel Gichanga Kariuki t/a Watts Enterprises (A Firm) & another
Advocates:
Citation: Peter G. N. Nganga v Daniel Gichanga Kariuki t/a Watts Enterprises (A Firm) & another [2009] eKLR
[Ruling] Civil Practice and Procedure – application for injunction pending determination of appeal - material factors to be considered before the court can issue injunctive orders– whether applicant had an arguable appeal –whether the applicant had demonstrated that the appeal will be rendered nugatory if the orders sought were not granted - the Court of Appeal Rules rule 5(2) (b)
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Karuturi Networks Limited & Another V Daly & Figgis Advocates [2009] EKLR
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Case Number: Civil Application 292 of 2009 |
Date Delivered: 11 Dec 2009 |
Judge: Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu
Court: Court of Appeal at Nairobi
Parties: Karuturi Networks Limited & another v Daly & Figgis Advocates
Advocates:
Citation: Karuturi Networks Limited & another v Daly & Figgis Advocates [2009] eKLR
Civil Procedure and Practice - applcation for stay of proceedings pending appeal - factorrs to be considered by the court before allowing such application - Rule 5 (2) (2) and 42 Court of Appeal Rules
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Nyoro Kimwe V John Anderson Githinji [2009] EKLR
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Case Number: Civil Appeal 119 of 2005 |
Date Delivered: 11 Dec 2009 |
Judge: Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nairobi
Parties: Nyoro Kimwe v John Anderson Githinji
Advocates:
Citation: Nyoro Kimwe v John Anderson Githinji [2009] eKLR
Land law - adverse possession - appeal - respondent living on land registered in appellant's name - appellant stating that respondent was living on the land without permission or consent - unsuccessful several attempts to vacate the respondent - assertions made by the respondent in a High Court suit the land be jointly owned with the appellant - appellant’s son together with the sons of the appellant and respondent sister continued to live on the land - whether respondent in exclusive possession of the land - effect of land being registered in the appellant's name when he had knowledge he was holding it on his behalf and the respondent
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