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You searched for cases with the following details ; Filter Case Year : 2009. Court Name : High Court at Kisii.
Norman Wachira Ngobia V Republic [2009] EKLR
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Case Number: Criminal Appeal 224 of 2007 |
Date Delivered: 16 Oct 2009 |
Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Mombasa
Parties: Norman Wachira Ngobia v Republic
Advocates:
Citation: Norman Wachira Ngobia v Republic [2009] eKLR
Criminal Practice and Procedure - rights of an accused person - right to be brought to court within a reasonable time after arrest - appellant raising an allegation of the violation of his constitutional right in the Court of Appeal in an appeal against his conviction for murder - issue not raised in the trial at the High Court even though the appellant was represented - distinction between an information before a charge and a charge sheet before a trial magistrate - whether a judge may be able to tell the date of arrest by looking at the information - duty of an advocate to raise relevant issues for the defence of the client - whether where the advocate fails to raise such issues the client is taken to have waived them and cannot raise them for the first time in the Court of Appeal
Evidence - child - evidence of a child of tender years - how a court should handle such evidence - corroboration - Evidence Act section 124
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GEETA BHARAT SHAH & 4 OTHERS V OMAR SAID MWATAYARI & ANOTHER [2009] EKLR
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Case Number: Civil Appeal 46 of 2008 |
Date Delivered: 16 Oct 2009 |
Judge: Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Mombasa
Parties: GEETA BHARAT SHAH, VIPINKUMAR NATHALAL SHAH, MILAN NATHALAL SHAH, BHARATKUMAR NATHALAL SHAH & VIPINKUMAR NATHALAL SHAH v OMAR SAID MWATAYARI & COASTLAND PROPERTIES LIMITED
Advocates:
Citation: GEETA BHARAT SHAH & 4 OTHERS v OMAR SAID MWATAYARI & ANOTHER [2009] eKLR
Civil Practice and Procedure - parties to suits - deceased party - suit having been filed against a deceased person and interlocutory judgment and degree issued in the party's favour - application to set aside interlocutory judgment dismissed - appeal - whether the suit was competent.
Civil Practice and Procedure - interlocutory judgment - judgment in default of appearance - principles that a court is to consider and apply in deciding whether or not to set aside default judgment - duty of the court to consider the draft defence on record - where the claim made in the plaint was not of a liquidated nature - whether it was proper to enter judgment in such a case -
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AZIZ KASSIM LAKHA V STANDARD LIMITED T/A EAST AFRICAN STANDARD [2009] EKLR
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Case Number: Civil Appeal 81 of 2009 |
Date Delivered: 16 Oct 2009 |
Judge: Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Mombasa
Parties: AZIZ KASSIM LAKHA v STANDARD LIMITED T/A EAST AFRICAN STANDARD
Advocates:
Citation: AZIZ KASSIM LAKHA v STANDARD LIMITED T/A EAST AFRICAN STANDARD [2009] eKLR
Defamation - libel - general damages for defamation - assessment of damages - power of an appellate court to interfere with an award of damages - principles which the court will apply - matters which a court should take into account in assessing damages - newspaper report alleging the commission of a criminal offence by the claimant, a prominent businessman - defendant pleading justification but failing to establish the defence - appeal against award of Kshs. 500,000 - whether the trial court had applied the wrong principles in assessing damages - whether the award should be enhanced.
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Rose Kaiza V Angelo Mpanju Kaiza [2009] EKLR
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Case Number: Civil Appeal 225 of 2008 |
Date Delivered: 16 Oct 2009 |
Judge: Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Mombasa
Parties: Rose Kaiza v Angelo Mpanju Kaiza
Advocates:
Citation: Rose Kaiza v Angelo Mpanju Kaiza [2009] eKLR
Civil Practice and Procedure - review - power of a court to review its own decisions - application based on an alleged discovery new and important facts - duty of the applicant to clearly state the grounds of the application - nature of the new facts discovered which may form the basis of such an application - Civil Procedure Rules Order XLIV order 44
Evidence - expert evidence - nature of expert evidence and how a trial court is to treat such evidence.
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