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Filter Case Year : 2004. Court Name : High Court at Nakuru.
JOHN SILVESTER CHEGE KIHAKE V JULIA WAMBUI [204] EKLR
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Case Number: Civil Case 15A of 2004 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: JOHN SILVESTER CHEGE KIHAKE v JULIA WAMBUI
Advocates:
Citation: JOHN SILVESTER CHEGE KIHAKE v JULIA WAMBUI [204] eKLR
Family Law-divorce-matrimonial property-where there is no evidence that the respondent former wife contributed towards the purchase of the suit property-whether she is entitled to part of the land after the divorce is concluded
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WESLEY KIPKURUI KOECH V REPUBLIC [2004] EKLR
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Case Number: Criminal Appeal 132 of 2001 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru, Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: WESLEY KIPKURUI KOECH v REPUBLIC
Advocates:
Citation: WESLEY KIPKURUI KOECH v REPUBLIC [2004] eKLR
Criminal law - robbery with violence - accused person aged 15 years at the time of the offence charged - accused convicted and detained at the President's pleasure - appeal against conviction and sentence - Penal Code section 296(2); Penal Code section 25(2)
Criminal Practice and Procedure - prosecution - prosecutor - person who may conduct a public prosecution - state conceding a criminal appeal on the ground that the prosecution had been conducted by an unqualified police prosecutor - whether the trial should be declared a nullity and a retrial ordered - Criminal Procedure Code section 85(2)
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GEORGE KIPTOO WILLIAMS V WILLIAM SANG & ANOTHER [2004] EKLR
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Case Number: Civil Case 401 of 1999 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: GEORGE KIPTOO WILLIAMS v WILLIAM SANG & KIPKOSKEI SANG
Advocates:
Citation: GEORGE KIPTOO WILLIAMS v WILLIAM SANG & ANOTHER [2004] eKLR
TORT – negligence – damages – assessment of – where the plaintiff was involved in a motor vehicle accident – he sustained a cut wound on the occipital region with lacerations on the left temporal region of the head, a fracture of the skull on the occipital region, sublaxation of the cervical vertebrae C1, C3 and C4, fractures of the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th ribs of the left side of the chest, fracture of the left scapula and a cut wound on the left hand and left arm – assessment of liability – quantum of damages
VICARIOUS LIABILITY – when employer is vicariously liable for employee – nature of presumption arising thereof – validity of order
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John Silvester Chege Kihake V Julia Wambui [2004] EKLR
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Case Number: Civil Case 15(a) of 2004 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: John Silvester Chege Kihake v Julia Wambui
Advocates:
Citation: John Silvester Chege Kihake v Julia Wambui [2004] eKLR
Land Law - removal of caution - Family Law - the right of a spouse to lodge caution over matrimonial property (land)
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Joseph Mukuna V National Bank Of Kenya Ltd & 3 Others [2004] EKLR
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Case Number: Civil Case 224 of 1999 |
Date Delivered: 17 Dec 2004 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: Joseph Mukuna v National Bank of Kenya Ltd, Margaret Chelangat Onguti, Vijay Morjaria & Attorney General
Advocates:
Citation: Joseph Mukuna v National Bank of Kenya Ltd & 3 Others [2004] eKLR
Land - claim for the determination and enforcement of an interest in land - leasehold - certificates of lease granted in respect of one piece of land granted to more than one person - whether the plaintiff was the only lawful registered proprietor of the leasehold interest in the suit property - whether the other certificates of lease should be cancelled
Civil Practice and Procedure - third party procedure - defendant claiming indemnity from another defendant in the same suit - whether the claimant had suffered damage due to a state of affairs created by the other defendant - whether the claimant was entitled to compensation - Civil Procedure Rules Order 1 rule 21
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John Macharia Gachanja V Republic [2004] EKLR
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Case Number: Criminal Case 101 of 2003 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: John Macharia Gachanja v Republic
Advocates:
Citation: John Macharia Gachanja v Republic [2004] eKLR
Criminal law - charge of murder - case dependent on circumstantial evidence - test that such evidence needs to meet in order to form the basis of a conviction - corroboration of the evidence of a child of tender years.
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Abdi Yasin Koikai V Ole Nakuyak Samson & 11 Others [2004] EKLR
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Case Number: Civil Suit 125 of 2004 |
Date Delivered: 17 Dec 2004 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: Abdi Yasin Koikai v Ole Nakuyaki Samson & 11 others
Advocates:
Citation: Abdi Yasin Koikai v Ole Nakuyak Samson & 11 others [2004] eKLR
[RULING] Land-adjudication-where disputes are placed under the jurisdiction of the District Magistrates’ Court by the provisions of Section 10 of the Land (Group Representatives) Act (cap.287)-whether a suit thus filed in the High Court is hence invalid
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Gatimu Farmers Co. Ltd. V Solomon Mbugua & Another [2004] EKLR
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Case Number: Civil Suit 245 of 2001 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Gatimu Farmers Co. Ltd v Solomon Mbugua & another
Advocates:
Citation: Gatimu Farmers Co. Ltd. v Solomon Mbugua & another [2004] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - striking out – application for – where the suit in question has been overtaken by events and is incapable of being executed – applicable principles – factors court considers in such applications – validity of order - Civil Procedure Act Section 3A; Civil Procedure Rules Order 6 Rule 13(1) (b) (d)
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Mukuna V National Bank Of Kenya Ltd & 3 Others [2004] EKLR
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Case Number: Civil Case 224 of 1999 |
Date Delivered: 17 Dec 2004 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: Joseph Mukuna v National Bank of Kenya Ltd; Margaret Chelangat Onguti; Vijay Morjaria & Attorney General
Advocates:
Citation: Mukuna v National Bank of Kenya Ltd & 3 others [2004] eKLR
Land law - assertion of claim to land by a registered proprietor - defendants claiming rights in land allocated to the plaintiff - plaintiff the only lawful registered proprietor of the land - court ordering the cancellation of certificates of lease other than the plaintiff's existing over the same property - permanent injunction issuing against defendants preventing them from interfering with the plaintiff's possession.
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Bernard Akusimba Keya V Republic (2004) EKLR
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Case Number: Criminal Appeal 277 of 2001 |
Date Delivered: 17 Dec 2004 |
Judge: Luka Kiprotich Kimaru, Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: Bernard Akusimba Keya v Republic
Advocates:
Citation: Bernard Akusimba Keya v Republic (2004) eKLR
Criminal Evidence - precautions to be applied before convicting on evidence of identification made at night (Turnbull Rules) - the doctrine of recent possession - tha accused must produce evidence to rebutt the doctrine of recent possession
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