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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : High Court at Nakuru.
Erick Ongere V Republic [2005] EKLR
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Case Number: Misc Application 109 of 2005 |
Date Delivered: 20 Dec 2005 |
Judge: Muga Apondi
Court: High Court at Nakuru
Parties: Erick Ongere v Republic
Advocates:
Citation: Erick Ongere v Republic [2005] eKLR
[RULING] Criminal Procedure - bail - application for bail pending appeal under Section 357 of the Criminal Procedure - applicant having been convicted for assault causing actual bodily harm contrary to section 252 of the Penal Code and sentenced to imprisonment for six months - state not opposing the application - applicant having demonstrated that his intended appeal had overwhelming chances of success - application allowed.
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MALCOM BELL V DANIEL TOROITICH ARAP MOI & ANOTHER [2005] EKLR
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Case Number: Civil Suit 14 of 2004 |
Date Delivered: 20 Dec 2005 |
Judge: Muga Apondi
Court: High Court at Nakuru
Parties: MALCOM BELL V DANIEL TOROITICH ARAP MOI & BOARD OF GOVERNORS OF MOI HIGH SCHOOL, KABARAK
Advocates:
Citation: MALCOM BELL V DANIEL TOROITICH ARAP MOI & ANOTHER [2005] eKLR
[RULING] Civil Procedure - stay of execution - application for stay of execution of a decree pending appeal brought under the Civil Procedure Rules order XLI rule 4, Civil Procedure Act section 3A - applicant arguing that he stood to suffer irreparable loss by losing his land if the stay was not granted
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Joseph Murimi Mwangi V Republic [2005] EKLR
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Case Number: Criminal Appeal 463 of 2003 |
Date Delivered: 20 Dec 2005 |
Judge: Muga Apondi
Court: High Court at Nakuru
Parties: Joseph Murimi Mwangi v Republic
Advocates:
Citation: Joseph Murimi Mwangi v Republic [2005] eKLR
Criminal law - Robbery contrary to section 296(1) of the Penal Code - appeal against conviction and sentence of imprisonment for 4 years - state not supporting the conviction on the ground that the trial had been partly prosecuted by person who was not a public prosecutor - appellant having served a substantial portion of his sentence - whether the trial should be declared a nullity - whether a retrial would be proper in the circumstances.
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In Re The Estate Of The Late Kibowen Komen (Deceased) [2005] EKLR
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Case Number: Succession Cause 500 of 1997[2] |
Date Delivered: 12 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: In Re the Estate of the Late Kibowen Komen (Deceased)
Advocates:
Citation: In Re the Estate of the Late Kibowen Komen (Deceased) [2005] eKLR
[RULING] Probate and administration - application to rectify the petition for grant of letters of administration
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ELIUD CHEPTOO & 2 Others V COUNTY COUNCIL OF BARINGO & Another [2005] EKLR
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Case Number: Civil Case 24 of 2005 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: ELIUD CHEPTOO, MICHAEL CHERONO & JOSHUA CHERONO & 94 OTHERS v COUNTY COUNCIL OF BARINGO & REGISTERED TRUSTEES OF CATHOLIC DIOCESE OF NAKURU
Advocates:
Citation: ELIUD CHEPTOO & 2 others v COUNTY COUNCIL OF BARINGO & another [2005] eKLR
[Ruling] Civil Practice and Procedure - injunction - mandatory injunction - application for a mandatory injunction to eject the respondent from land and for a temporary injunction to restrain further construction or development on the suit land pending the determination of a suit - applicant alleging that the respondent had acquired the suit land by fraud - respondent having put a school on the land and admitted students - whether it would be proper to grant a mandatory injunction - whether there were any special circumstances warranting the issuing of a mandatory injunction - Civil Procedure Act section 3A - Civil Procedure Rules Order 39 rules 1,2,3,9
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Republic V Nyahururu Division Land Disputes Tribunal & 3 Others [2005] EKLR
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Case Number: Misc Civ Appli 151 of 2005 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: Republic v Nyahururu Division Land Disputes Tribunal; Rift Valley Province Land Disputes Appeals Tribunal; Chief Magistrate Court at Nakuru; Monica Wanjiku
Advocates:
Citation: Republic v Nyahururu Division Land Disputes Tribunal & 3 others [2005] eKLR
[RULING] Judicial review - application for order of certiorari to remove into this court and quash the proceedings and award of Nyahururu Division Land Disputes Tribunal - grounds: that the tribunal was not properly constituted; that it acted in excess of its jurisdiction or ultra vires; that its proceedings were defective and that the matter before it was res judicata - whether a Land Dispute Tribunal has jurisdiction to deal with the issue of ownership of registered land - Section 3(1) of the Land Disputes Tribunal Act
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JACKSON MUGO MATHAI V JOHN OMONYWA MARIERA [2005] EKLR
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Case Number: Civil Suit 29 of 2005 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: JACKSON MUGO MATHAI V JOHN OMONYWA MARIERA
Advocates:
Citation: JACKSON MUGO MATHAI V JOHN OMONYWA MARIERA [2005] eKLR
[RULING] Civil Procedure Rules - striking out of pleadings - defence - application to strike out defence - Order VI Rules 13(1) (b) (c) and (d) and 16 of the Civil Procedure Rules - duty of a defendant to an action for the recovery of land to plead specifically every ground of defence on which he rilies and any aspect which he alleges makes any claim not maintainable in law - Order VI rule 4(1)(a), (2)
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JACKSON MUGO MATHAI V JOSHUA K. KANGOGO & ANOTHER [2005] EKLR
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Case Number: Civil Suit 30 of 2005 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: JACKSON MUGO MATHAI V JOSHUA K. KANGOGO & LAWRENCE K. KIBET
Advocates:
Citation: JACKSON MUGO MATHAI V JOSHUA K. KANGOGO & ANOTHER [2005] eKLR
[RULING] - Land Law - Civil Procedure and Practice - Application for striking out defence - Interpretation of Order 6 Rule 4(2) Civil Procedure Rules - Interpretation of Order 6 Rule 4(1)(a) - Consequences of not stating the particulars of an agreement challenged in the defence - Determination of whether a defence is frivolous and vexatious and an abuse of the court process - Requirements of a valid defence - Order 6 Rules 13(1) (b) (c) and (d) and 16 of the Civil Procedure Rules.
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SAMSON MAITAI V DAVID LIVINGSTONE RESORT [2005] EKLR
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Case Number: Civil Case 132 of 2005 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: SAMSON MAITAI V DAVID LIVINGSTONE RESORT
Advocates:
Citation: SAMSON MAITAI V DAVID LIVINGSTONE RESORT [2005] eKLR
[RULING] - Injunctions - Prayer for interlocutory injunction - Application for order to compel respondent to pay rent - Proof of encroachment into land - Order 39 Rules 1, 2 and 3 of the Civil Procedure Rules - Section 3A of the Civil Procedure Act.
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WAIRIMU GITUKIO MUCHUNU V ESTHER NJAMBI KIOI [2005] EKLR
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Case Number: Civil Case 191 of 2004 |
Date Delivered: 09 Dec 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: WAIRIMU GITUKIO MUCHUNU V ESTHER NJAMBI KIOI
Advocates:
Citation: WAIRIMU GITUKIO MUCHUNU V ESTHER NJAMBI KIOI [2005] eKLR
Land law - How an agreement for sale of agricultural land becomes void - Effect of an agreement for sale of agricultural land becoming void - Whether the plaintiff has established her claim on a balance of probabilities - Section 9(2) of the Land Control Act Cap 302 Laws of Kenya.
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