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Filter Case Year : 2010. Court Name : Court of Appeal at Nyeri.
Nkuene Dairy Farmers Co-op Society Ltd & Another V Ngacha Ndeiya [2010] EKLR
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Case Number: Civil Appeal 154 of 2005 |
Date Delivered: 10 Dec 2010 |
Judge: Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Nkuene Dairy Farmers Co-op Society Ltd & another v Ngacha Ndeiya
Advocates:
Citation: Nkuene Dairy Farmers Co-op Society Ltd & another v Ngacha Ndeiya [2010] eKLR
Damages – general damages – suit for general and special damages arising out of a road traffic accident – respondents car damaged as a result of the accident – computation of loss – where the respondent produced the motor vehicle assessors report as evidence of the cost of repair for the damaged vehicle – claim by the appellants that the motor vehicle assessors report was insufficient to prove the particulars of special damages pleaded in the plaint – whether the appeal had merit
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Silas Njiru Catholic Diocese Of Meru V Andrew Kiruja [2010] EKLR
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Case Number: Civil Appeal 312 of 2004 |
Date Delivered: 10 Dec 2010 |
Judge: Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Silas Njiru Catholic Diocese of Meru v Andrew Kiruja
Advocates:
Citation: Silas Njiru Catholic Diocese of Meru v Andrew Kiruja [2010] eKLR
Employment Law – contract of employment – breach of contract of employment – suit against termination of employment – terminal benefits – claim against the appellant for wrongful dismissal and payment of early retirement dues - computation of terminal benefits – computation of damages for termination of employment – whether the employee was entitled to the benefits in the circumstances.
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Githinji Ngure & Another V Charles Wanjohi Wathuku [2010] EKLR
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Case Number: Civil Appeal (Application) 259 of 2002 |
Date Delivered: 10 Dec 2010 |
Judge: Samuel Elikana Ondari Bosire, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Githinji Ngure & another v Charles Wanjohi Wathuku
Advocates:
Citation: Githinji Ngure & another v Charles Wanjohi Wathuku [2010] eKLR
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PETER KIRUKI M’NKANATA V SABELA NCEKEI KIRIMA [2010] EKLR
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Case Number: Civil Application 140 of 2010 |
Date Delivered: 19 Nov 2010 |
Judge: Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: PETER KIRUKI M’NKANATA v SABELA NCEKEI KIRIMA
Advocates:
Citation: PETER KIRUKI M’NKANATA v SABELA NCEKEI KIRIMA [2010] eKLR
Civil practice and procedure-extension of time-application for extension of time to file and serve notice of appeal and record of appeal-matters taken into account by the court before granting the application-whether the intended application would be in accordance with the overriding objective principle-validity of application-Appellate Jurisdiction Act (cap 9) sections 3A, 3B; Court of Appeal Rules (cap 9, sub Leg) rules 4, 42, 85 (1)
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Stanley Kamairo Ethangatha V Republic [2010] EKLR
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Case Number: Criminal Appeal 125 of 2008 |
Date Delivered: 19 Nov 2010 |
Judge: Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki
Court: Court of Appeal at Nyeri
Parties: Stanley Kamairo Ethangatha v Republic
Advocates:
Citation: Stanley Kamairo Ethangatha v Republic [2010] eKLR
Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted on two counts of murder and sentenced to death-grounds of appeal that the superior court erred in law in convicting the appellant on the basis of contradictory evidence of witnesses and that the appellant’s constitutional rights had been breached-whether the evidence adduced was sufficient to secure the conviction of the appellant-whether the appeal had merit-Penal Code (cap 63) sections 203, 204Criminal practice and procedure-mitigation-duty of the court to consider and record mitigation-where the appellant was not given an opportunity to mitigate before being sentenced-whether the matter was to be referred back to the superior court for the recording of the mitigation
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BENJAMIN MUTETHIA KIUNGA & 2 Others V REPUBLIC [2010] EKLR
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Case Number: Criminal Appeal 115, 121, 122 & 127 of 2008 |
Date Delivered: 19 Nov 2010 |
Judge: Riaga Samuel Cornelius Omolo, Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram
Court: Court of Appeal at Nyeri
Parties: BENJAMIN MUTETHIA KIUNGA & 2 others v REPUBLIC
Advocates:
Citation: BENJAMIN MUTETHIA KIUNGA & 2 others v REPUBLIC [2010] eKLR
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Patrick Macharia V Republic [2010] EKLR
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Case Number: Criminal Appeal 120 of 2008 |
Date Delivered: 19 Nov 2010 |
Judge: Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu
Court: Court of Appeal at Nyeri
Parties: Patrick Macharia v Republic
Advocates:
Citation: Patrick Macharia v Republic [2010] eKLR
Criminal practice and procedure-appeal-second appeal-matters confined to a second appeal-appellant convicted of robbery with violence count and sentenced to death-first appeal against conviction and sentence dismissed-whether the appeal had merit-Penal Code (cap 63) section 296 (2); Criminal Procedure Code (cap 75) section 361 (1)
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Mate Ntuara & Six Others V Rithaa Ntuara & 2 Others [2010] EKLR
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Case Number: Civil Appeal 151 of 2005 |
Date Delivered: 19 Nov 2010 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Mate Ntuara & Six Others v Rithaa Ntuara & 2 others
Advocates:
Citation: Mate Ntuara & Six Others v Rithaa Ntuara & 2 others [2010] eKLR
Succession Law – distribution of estate – appellants claims that though land was registered in the name of the respondents they were so registered in trust of the appellants – respondent claim that they acquired the land by purchase -duty of the appellants to prove on a balance of probabilities their claims –second appeal –evidence – duty of the appellants to prove their claim on a balance of probabilities –whether the appeal had merit.
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Fakir Mohammed V Joseph Mugambi Kiara & 2 Others [2010] EKLR
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Case Number: Civil Appeal 152 of 2005 |
Date Delivered: 19 Nov 2010 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nyeri
Parties: Fakir Mohammed v Joseph Mugambi Kiara & 2 others
Advocates:
Citation: Fakir Mohammed v Joseph Mugambi Kiara & 2 others [2010] eKLR
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James Gakono Ngungi V Jane Njoki Ngugi & Another [2010] EKLR
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Case Number: Civil Appeal 153 of 2005 |
Date Delivered: 19 Nov 2010 |
Judge: Moijo Matayia Ole Keiwua, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki
Court: Court of Appeal at Nyeri
Parties: James Gakono Ngungi v Jane Njoki Ngugi & another
Advocates:
Citation: James Gakono Ngungi v Jane Njoki Ngugi & another [2010] eKLR
Civil Practice and Procedure – appeal – appeal against the decision of the superior court summarily rejecting an intended appeal laid before the said Commissioner of Assize – jurisdiction of Land tribunals in dealing with disputes - manner in which appeals from Land Disputes tribunals ought to be filed – court consideration – whether the superior court misdirected itself in principle in dismissing the matter
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