Loading
You searched for cases with the following details ; Filter Case Year : 2009. Court Name : High Court at Kakamega.
Amosam Builders Developers Ltd V Betty Ngendo Gachie & 2 Others [2009] EKLR
|
Case Number: Civil Appeal 193 of 2001 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Amosam Builders Developers Ltd v Betty Ngendo Gachie,Nakuru Municipal Council & John Njoroge Karua
Advocates:
Citation: Amosam Builders Developers Ltd v Betty Ngendo Gachie & 2 others [2009] eKLR
Negligence - special and general damages for negligence - negligence in construction - collapse of dwelling due to poor workmanship - suit for damages in negligence - appeal against judgment in favour of the plaintiff - whether the evidence adduced was sufficient to establish the plaintiff's case.
Evidence - expert evidence - expert opinion - meaning of expert - general rule regarding how a court is to treat expert evidence - where there is a conflict in the expert evidence - how such conflict is to be treated or resolved
Read More
Joseph D. Halake V Yunis Malik [2009] EKLR
|
Case Number: Civil Appli 37 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Joseph D. Halake v Yunis Malik
Advocates:
Citation: Joseph D. Halake v Yunis Malik [2009] eKLR
[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file notice of appeal - reference of the decision of a single appellate judge to the full court - power of the full court to vary, discharge or reverse the decision of a single judge - principles that guide the full court in exercising its power - Court of Appeal Rules rule 54(1)(b)
Read More
Samuel Thuita Wanjama V Celestine Mwaniki Muna & Another [2009] EKLR
|
Case Number: Civil Appli 155 of 2009 |
Date Delivered: 06 Nov 2009 |
Judge: John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Samuel Thuita Wanjama v Celestine Mwaniki Muna & Lilian Mweru
Advocates:
Citation: Samuel Thuita Wanjama v Celestine Mwaniki Muna & Another [2009] eKLR
[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file and serve notice of appeal - matters which the court will consider in such an application - principles which the court will apply - Court of Appeal Rules rule 4
Read More
Miriam Wangui Kimani & Another V Marigi Gacheha Macharia [2009] EKLR
|
Case Number: Civil Appli 173 of 2009 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Nyamu Waki
Court: Court of Appeal at Nakuru
Parties: Miriam Wangui Kimani & Sammy Maina Kimani v Marigi Gacheha Macharia
Advocates:
Citation: Miriam Wangui Kimani & another v Marigi Gacheha Macharia [2009] eKLR
[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file notice of appeal and to lodge memorandum and record of appeal - matters the court will consider in such applications - whether the applicant had satisfactorily explained the delay - whether the intended appeal was arguable - whether the fact that the dispute concerned land made the application more compelling - Court of Appeal Rules rule 4
Read More
Samuel Thuita Wanjama V Celestine Mwaniki Muna & Another [2009] EKLR
|
Case Number: Civil Application 155 of 2009 |
Date Delivered: 06 Nov 2009 |
Judge: John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Samuel Thuita Wanjama v Celestine Mwaniki Muna & Lilian Mweru
Advocates:
Citation: Samuel Thuita Wanjama v Celestine Mwaniki Muna & Another [2009] eKLR
[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file and serve notice of appeal - matters which the court will consider in such an application - principles which the court will apply - Court of Appeal Rules rule 4
Read More
Tracom Limited & Another V Hasssan Mohamed Adan [2009] EKLR
|
Case Number: Civil Appeal 192 of 2006 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Tracom Limited & Joseph Macharia v Hassan Mohamed Adan
Advocates:
Citation: Tracom Limited & another v Hasssan Mohamed Adan [2009] eKLR
Negligence - damages for negligence - damages for future medical expenses - such damages constitute a special claim for general damages and needs to be specifically pleaded and proved - how a claim for such damages is made in the pleadings - whether the claim had been pleaded and properly decided upon by the court - assessment of the proper multiplier to apply - issue of damages for loss of earning or loss of earning capacity not pleaded and not proved - award of damages on that issue not proper.
Civil Practice and Procedure - issues - issues for determination by the court - duty of a trial court to confine its decision on the issues before it - issues to flow generally from the pleadings - court may decide on an issue which is either pleaded or framed by the parties and left to the court for decision
Read More
Joseph D. Halake V Yunis Malik [2009] EKLR
|
Case Number: Civil Application 37 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: Joseph D. Halake v Yunis Malik
Advocates:
Citation: Joseph D. Halake v Yunis Malik [2009] eKLR
Read More
Andrew Cheruiyot & Another V Anyoka Rogito [2009]eKLR
|
Case Number: Civil Application 152 of 2009 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki
Court: Court of Appeal at Nakuru
Parties: Andrew Cheruioyot & Betty Chepng'eno v Anyoka Rogito
Advocates:
Citation: Andrew Cheruiyot & another v Anyoka Rogito [2009]eKLR
Read More
JOSEPH D. HALAKE V YUNIS MALIK [2009] EKLR
|
Case Number: Civil Application 37 of 2008 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Nakuru
Parties: JOSEPH D. HALAKE v YUNIS MALIK
Advocates:
Citation: JOSEPH D. HALAKE v YUNIS MALIK [2009] eKLR
[Ruling] Civil Practice and Procedure - extension of time - application for extension of time to file notice of appeal - reference of the decision of a single appellate judge to the full court - power of the full court to vary, discharge or reverse the decision of a single judge - principles that guide the full court in exercising its power - Court of Appeal Rules rule 54(1)(b)
Read More
Andrew Cheruiyot & Another V Ayoka Rogito [2009] EKLR
|
Case Number: Civil Application 152 of 2009 |
Date Delivered: 06 Nov 2009 |
Judge: Philip Kiptoo Tunoi, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki
Court: Court of Appeal at Nakuru
Parties: Andrew Cheruiyot & Betty Chepng'eno v Anyoka Rogito
Advocates:
Citation: Andrew Cheruiyot & another v Ayoka Rogito [2009] eKLR
[Ruling] Civil Procedure and Practise – stay of execution - application for stay of execution of an order of the High Court - pending appeal – intended appeal on the ground that the High Court ordered costs to be paid by applicants when the consent order required the costs to be shared - nature and scope of the power of the Court of Appeal to issue a stay under the Court of Appeal Rules rule 5(2)(b) – matters which the court will consider in making its decision.
Read More