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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : High Court at Malindi.
CARLOS DZOMBO MWATELA & 2 Others V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 110 of 2004 |
Date Delivered: 29 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: CARLOS DZOMBO MWATELA, MARGASTONE JAMBIRI LEWA, & JOSEPH CHOME MUNGA
v REPUBLIC
Advocates:
Citation: CARLOS DZOMBO MWATELA & 2 others v REPUBLIC [2005] eKLR
Robbery - Appeal from decision of the lower court - Factors to be considered by an appellate court in an appeal - Identification parade - Ingredients of an offence of robbery - Whether evidence was corroborated - Section 296(1) of the Penal Code.
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MAYUNGU LIMITED C/O KIARIE KARIUKI V MUNICIPAL COUNCIL OF MALINDI [2005] EKLR
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Case Number: Civil Case 13 of 2005 |
Date Delivered: 23 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: MAYUNGU LIMITED C/O KIARIE KARIUKI v MUNICIPAL COUNCIL OF MALINDI
Advocates:
Citation: MAYUNGU LIMITED C/O KIARIE KARIUKI v MUNICIPAL COUNCIL OF MALINDI [2005] eKLR
[Ruling] Injunction - interlocutory injunction - application for a temporary injunction to restrain the respondent from interfering with the applicant's quiet possession the suit land pending the hearing and determination of the dispute - grounds: that the applicant was the registered owner of the land and the respondent a trespasser - duty of the applicant to establish a prima facie case with a probability of success - meaning of a prima facie case
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ANDERSON KENGA BULUSHI V SAN RATHOD AUTOMOBILE [2005] EKLR
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Case Number: Civil Case 1 of 2003 |
Date Delivered: 15 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: ANDERSON KENGA BULUSHI v SAN RATHOD AUTOMOBILE
Advocates:
Citation: ANDERSON KENGA BULUSHI v SAN RATHOD AUTOMOBILE [2005] eKLR
Negligence - road traffic accident - bicycle pillion passenger suffering fatal injuries - suit by the representative of a deceased person for damages under the Law Reform Act - evidence - determination of the issue of liability - assessment of damages for pain and suffering where the death occured several hours after the accident
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SIZA MLANDA NYALE V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 94 of 2004 |
Date Delivered: 10 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: SIZA MLANDA NYALE v REPUBLIC
Advocates:
Citation: SIZA MLANDA NYALE v REPUBLIC [2005] eKLR
Criminal law - possession of narcotic drugs - appellant convicted of possession of 25 rolls of cannabis sativa or bhang which were not in a medical preparation - appellant convicted on his own plea of guilty and sentenced to imprisonment for 4 years - appeal against sentence - maximum sentence for the offence being imprisonment for 20 years - whether the sentence of 4 years was harsh and excessive -Narcotic Drugs and Psychotropic Substances (Control) Act sections 2(b), 3(1)
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TIMA KOPI V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 22 of 2005 |
Date Delivered: 09 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: TIMA KOPI v REPUBLIC
Advocates:
Citation: TIMA KOPI v REPUBLIC [2005] eKLR
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SILVESTER OKELLO & Another V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 113 of 2004 |
Date Delivered: 08 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: SILVESTER OKELLO & MOHAMED ALI KATANA v REPUBLIC
Advocates:
Citation: SILVESTER OKELLO & another v REPUBLIC [2005] eKLR
CRIMINAL LAW stealing - offence of accused persons were charged and convicted of the offence appeal against conviction and sentence factors the court considers in such applications - Penal Code (Cap 63) section 275
EVIDENCE witness where there was no eye-witness to the crime - complainant saw the accused leave the shop and thereafter discovered the missing items whether such evidence is enough to convict the accused
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PETER NJICHA V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 61 of 2004 |
Date Delivered: 08 Nov 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: PETER NJICHA v REPUBLIC
Advocates:
Citation: PETER NJICHA v REPUBLIC [2005] eKLR
CRIMINAL LAW – stealing - offence of – accused was charged and convicted of the offence after a plea of guilty – appeal against sentence – sentence manifestly harsh – factors the court considers in such applications - Penal Code section 279(b)
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JOSEPH KARISA KATSOMA & 3 OTHERS V SAMUEL CHARO MARABU [2005] EKLR
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Case Number: Misc Civ Case 30 of 2005 |
Date Delivered: 17 Oct 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: JOSEPH KARISA KATSOMA & 3 OTHERS v SAMUEL CHARO MARABU
Advocates:
Citation: JOSEPH KARISA KATSOMA & 3 OTHERS v SAMUEL CHARO MARABU [2005] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE – suit – transfer of – application for- applicant sought to transfer the suit from the lower court to the high court – where the lower court lacked the pecuniary jurisdiction to entertain the suit – factors the court considers in such applications – validity of order
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GODFREY KILATYA KITUKU & 6 OTHERS V MALINDI MUNICIPAL COUNCIL [2005] EKLR
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Case Number: Civil Case 45 of 2005 |
Date Delivered: 12 Oct 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: GODFREY KILATYA KITUKU & 6 OTHERS v MALINDI MUNICIPAL COUNCIL
Advocates:
Citation: GODFREY KILATYA KITUKU & 6 OTHERS v MALINDI MUNICIPAL COUNCIL [2005] eKLR
[Ruling] PRELIMINARY OBJECTION ingredients of objection to an application for interlocutory orders grounds for objection factors the court considers in hearing preliminary objections validity of order
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TROPICANA HOTELS LTD V NARDIELLO MAURIZIO & 3 OTHERS [2005] EKLR
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Case Number: Civil Case 42 of 2005 |
Date Delivered: 06 Oct 2005 |
Judge: William Ouko
Court: High Court at Malindi
Parties: TROPICANA HOTELS LTD v NARDIELLO MAURIZIO, CAPODARCA MAURIZIO, TESTA GIANCARLO & FEDRIGA FRANCESCO
Advocates:
Citation: TROPICANA HOTELS LTD v NARDIELLO MAURIZIO & 3 OTHERS [2005] eKLR
[Ruling] Civil Practice and Procedure - striking out of suit - application to strike out a suit on the grounds that it was premature, an abuse of court process, frivolous and vexatious - that the suit was tainted with bad fraud and brought in bad faith and it was irredeemably defective - discretion of the court to strike out a suit - the court will only strike out a suit where it is satisfied that the suit is obviously hopeless and unsustainable - Civil Procedure Rules Order 6 rule 13(1)
Affidavit - form of affidavit - verifying affidavit - whether a verifying affidavit which fails to disclose the physical address of the deponent and stated that the averments contained in the plaint were "true" rather than "correct" was defective - whether the defects were curable - Civil Procedure Rules Order 18 rule 7
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