Loading
You searched for cases with the following details ; Filter Case Year : 2009. Court Name : Court of Appeal at Malindi.
GREAT LAKES TRANSPORT CO. (U) LTD V KENYA REVENUE AUTHORITY [2009] EKLR
|
Case Number: Civil Appeal 106 of 2006 |
Date Delivered: 13 Nov 2009 |
Judge: Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Malindi
Parties: GREAT LAKES TRANSPORT CO. (U) LTD v KENYA REVENUE AUTHORITY
Advocates:
Citation: GREAT LAKES TRANSPORT CO. (U) LTD v KENYA REVENUE AUTHORITY [2009] eKLR
Damages - general damages and special damages - loss of user and loss of business - action for illegal seizure of a motor vehicle - trial court finding that the respondent was liable to the appellant for illegal seizure and detention of vehicle for 15 months but failing to award the appellant damages - trial court also issuing an order of costs against the appellant - trial court having found that the appellant had not proved its case for special damages and that there was no claim for general damages - appeal - circumstances in which an appellate court will interfere with the findings of a trial court on damages - duty of a claimant to not only plead special damages but to prove it - whether a pro-forma invoice amounts to evidence of payments made and therefore special damages - distinction between an invoice and a receipt -
Civil Practice and Procedure - pleadings - prayers - court has no power to grant a relief a party has not prayed for - where a matter is pleaded but not included in the final prayers of a plaint - matter canvassed in court - whether the matter may be said to have been properly before the court so that the court was required to deal with it - claim for general damages pleaded but not prayed for - whether the court was right in declining to make an award for general damages on that ground
Equity - maxims of equity - equity will not suffer a wrong to be without a remedy - claim for damages for losses arising from illegal seizure and detention of a commercial vehicle - claim for general damages pleaded in the body of the plaint but not included in the prayers - respondent found liable for illegal seizure - whether award of general damages could be declined on the ground that it had not been prayed for.
Read More
FESTUS OGADA V HANS MOLLIN [2009] EKLR
|
Case Number: Civil Appeal 100 of 2007 |
Date Delivered: 30 Oct 2009 |
Judge: Riaga Samuel Cornelius Omolo
Court: Court of Appeal at Malindi
Parties: FESTUS OGADA v HANS MOLLIN
Advocates:
Citation: FESTUS OGADA v HANS MOLLIN [2009] eKLR
Civil Practice and Procedure - appeal - jurisdiction of the Court of Appeal - joinder of parties - parties to an appeal - duty of the appellant to join in the appeal all persons likely to be directly affected by the appeal - party joined to appeal after the other parties had made their submissions - whether the late joinder of the party was proper - whether the joinder caused prejudice to the other parties - whether the court had jurisdiction to hear the joined party - Appellate Jurisdiction Act section 3(1) - Court of Appeal Rules rule 76
Equity - principles of equity - illegality - where a party in a suit at equity is guilty of illegal conduct - whether such a party is entitled to equitable relief - party having brought money into the country in violation of foreign exchange law - party using the money to obtain and develop land property - foreign exchange law thereafter repealed - whether the property should be surrendered to the state - whether such a party was entitled to the protection of the court with regard to the ownership of the property.
Read More
ELECTORAL COMMISSION OF KENYA V AYUB JUMA MWAKWESI & Another [2009] EKLR
|
Case Number: Civil Appeal 272 of 2008 |
Date Delivered: 16 Oct 2009 |
Judge: Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki
Court: Court of Appeal at Malindi
Parties: ELECTORAL COMMISSION OF KENYA v AYUB JUMA MWAKWESI & another
Advocates:
Citation: ELECTORAL COMMISSION OF KENYA v AYUB JUMA MWAKWESI & another [2009] eKLR
Election Petition - procedure in election petitions - summary rejection of petition - discretion of the court to summarily reject a petition or to list it for hearing - the main consideration that the court is to bear in mind in exercising its discretion - inherent power of an election petition court to admit to hearing certain interlocutory applications - appeal against an order of the election court refusing to admit to hearing applications to strike out a petition on the ground that it could no longer be heard in the absence of a returning officer who had been struck off as a party - whether there was merit in the appeal - National Assembly and Presidential Elections Act section 19(4), 22
Read More
AKHTAR SHAHID BUTT & Another V DAVID KINUSU SIFUNA T/A SIFUNA & COMPANY ADVOCATES [2009] EKLR
|
Case Number: Civil Appeal 45 of 2005 |
Date Delivered: 16 Oct 2009 |
Judge: Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Malindi
Parties: AKHTAR SHAHID BUTT & another v DAVID KINUSU SIFUNA T/A SIFUNA & COMPANY ADVOCATES
Advocates:
Citation: AKHTAR SHAHID BUTT & another v DAVID KINUSU SIFUNA T/A SIFUNA & COMPANY ADVOCATES [2009] eKLR
Civil Practice and Procedure - taxation of costs - advocate's fees - appeal from the decision of the High Court on a reference of the decision of a taxing master reducing the instruction fees for an advocate to represent a petitioner in a winding up petition - whether the High Court was right in upholding the decision of the taxing master - whether the instruction fees was manifestly excessive and out of proportion to the work carried out by the advocates and it should have been reduced further - Advocates Remuneration Order rule 11(2)
Read More
PIL KENYA LIMITED V JOSEPH OPPONG [2009] EKLR
|
Case Number: Civil Case 102 of 2007 |
Date Delivered: 16 Oct 2009 |
Judge: Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Malindi
Parties: PIL KENYA LIMITED v JOSEPH OPPONG
Advocates:
Citation: PIL KENYA LIMITED v JOSEPH OPPONG [2009] eKLR
Maritime law - admiralty claim - consignor's claim for alleged wrongful release of goods - relationship between consignor and consignee breaking down while the goods were on the high seas -consignor advising shipping agents not to release goods to the consignee whose name was in the bill of lading - shipping agent unable to resolve the competing claim to the goods by the consignor and consignee who had the bill of lading - shipping agent declining to release the goods and advising the consignor to obtain a court order to facilitate the release - whether the shipping agent acted properly - whether shipping agent was liable for the delay in releasing the goods - privity of contract between a consignee and carrier of goods
Read More
AFROFREIGHT FORWARDERS LTD V AFRICAN LINER AGENCIES [2009] EKLR
|
Case Number: Civil Appeal 25 of 2007 |
Date Delivered: 16 Oct 2009 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Malindi
Parties: AFROFREIGHT FORWARDERS LTD v AFRICAN LINER AGENCIES
Advocates:
Citation: AFROFREIGHT FORWARDERS LTD v AFRICAN LINER AGENCIES [2009] eKLR
Civil Practice and Procedure - limitation of time - limitation of time for a civil action for the recovery of a debt - computation of time - whether time started to run from the date of the creditor's letter in which the debt was acknowledged - Limitation of Actions Act section 23(3)
Read More
ELECTORAL COMMISSION OF KENYA & Another V AYUB JUMA MWAKWESI [2009] EKLR
|
Case Number: Civil Appeal 272 & 275 of 2008 |
Date Delivered: 16 Oct 2009 |
Judge: Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki
Court: Court of Appeal at Malindi
Parties: ELECTORAL COMMISSION OF KENYA & MWAKWERE CHIRAU ALI v AYUB JUMA MWAKWESI
Advocates:
Citation: ELECTORAL COMMISSION OF KENYA & another v AYUB JUMA MWAKWESI [2009] eKLR
Election Petition - procedure - procedure by which an election petition may be disposed - need for expeditious hearing and disposal of petitions - respondents to a petition filing motions for the striking out of the petition on the ground that the returning officer having been struck off as a party to the petition, the petition could not proceed - power of the court to either summarily reject a petition or list it for hearing - whether this power is discretionary or mandatory - matters a petition court should consider in exercising such power - National Assembly and Presidential Elections Act section 22 - National Assembly Election (Election Petition) Rules, 1993 rule 22
Read More
MARIAMU ABUBAKAR IRERI & Another V NATIONAL CEREALS & PRODUCE BOARD [2009] EKLR
|
Case Number: Civil Application 92 of 2008 |
Date Delivered: 16 Oct 2009 |
Judge: Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu
Court: Court of Appeal at Malindi
Parties: MARIAMU ABUBAKAR IRERI & KAIMU ABUBAKAR KARWIRUA v NATIONAL CEREALS
& PRODUCE BOARD
Advocates:
Citation: MARIAMU ABUBAKAR IRERI & another v NATIONAL CEREALS & PRODUCE BOARD [2009] eKLR
[Ruling] Civil Practice and Procedure - appeal - striking out notice of appeal - application to strike out notice of appeal on the ground that it was filed out of time - computation of the time prescribed for filing an appeal - time for requesting and obtaining a record of the proceedings of the superior court not to be taken into account when computing such time - Court of Appeal Rules rule 80; 81(1),(2); 82(a)
Read More
SARAPHINA NJERI V CHARLES KARIUKI & Another [2009] EKLR
|
Case Number: Civil Appeal 21 of 2007 |
Date Delivered: 26 Aug 2009 |
Judge: Festus Azangalala
Court: Court of Appeal at Malindi
Parties: SARAPHINA NJERI v CHARLES KARIUKI & another
Advocates:
Citation: SARAPHINA NJERI v CHARLES KARIUKI & another [2009] eKLR
Read More
OMAR HUSSEIN BAYA V REPUBLIC [2009] EKLR
|
Case Number: Criminal Appeal 180 of 2008 |
Date Delivered: 24 Jul 2009 |
Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: Court of Appeal at Malindi
Parties: OMAR HUSSEIN BAYA v REPUBLIC
Advocates:
Citation: OMAR HUSSEIN BAYA v REPUBLIC [2009] eKLR
Criminal law - murder - appeal against conviction and sentence of death - Penal Code section 203, 204
Evidence - recognition evidence - where a case relies wholly on such evidence - how a trial court should test such evidence before it can form a basis for a conviction - witness evidence - it is only in cases where the evidence adduced barely proves a case when the witnesses not called would be presumed by the court to have been witnesses whose evidence would have been adverse to prosecutions.
Read More