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MITCHELL COTTS (K) LTD V MUSA FREIGHTERS [2011] EKLR
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Case Number: Civil Appeal 104 of 2006 |
Date Delivered: 04 Mar 2011 |
Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu
Court: High Court at Mombasa
Parties: MITCHELL COTTS (K) LTD v MUSA FREIGHTERS
Advocates:
Citation: MITCHELL COTTS (K) LTD v MUSA FREIGHTERS [2011] eKLR
Contract Law – claim for damages – where the respondent had a contract with the appellant for storage of goods in the appellant’s warehouse – appellant failed to release some of the goods when called upon to do so - claim by the appellant that the respondent could not have recovered the damages for loss of the goods from the appellants warehouse because the respondent was allegedly not the owner of the goods – whether the respondent had a clear cause of action to justify the remedy given by the High Court – whether the appeal had merit.
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ABEL ABUNGA MWAMBI V REPUBLIC [2010] EKLR
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Case Number: Criminal Appeal 350 of 2010 |
Date Delivered: 26 Nov 2010 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno
Court: High Court at Kisumu
Parties: ABEL ABUNGA MWAMBI v REPUBLIC
Advocates:
Citation: ABEL ABUNGA MWAMBI v REPUBLIC [2010] eKLR
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DENNIS MBOGHO APUDHO V REPUBLIC [2010] EKLR
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Case Number: Criminal Appeal 335 of 2008 |
Date Delivered: 26 Nov 2010 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno
Court: High Court at Kisumu
Parties: DENNIS MBOGHO APUDHO v REPUBLIC
Advocates:
Citation: DENNIS MBOGHO APUDHO v REPUBLIC [2010] eKLR
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MOKUA OTWORI V MOSOTA OTWORI [2009] EKLR
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Case Number: Civil Appli 167 of 2008 |
Date Delivered: 16 Jan 2009 |
Judge: Riaga Samuel Cornelius Omolo
Court: High Court at Kisumu
Parties: MOKUA OTWORI v MOSOTA OTWORI
Advocates:
Citation: MOKUA OTWORI v MOSOTA OTWORI [2009] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for leave to file an application for the restoration out of time of an application - right of a party whose application has been dismissed for non-attendance to apply for the reinstatement of the application - previous application having been dismissed after the court refused to extend the time for the reinstatement of the motion - whether in such circumstances the applicant's motion was properly before the court - Court of Appeal Rule rule 4, 55
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JOSEPHAT WANJOHI MWANGI V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 294 of 2007 |
Date Delivered: 09 Oct 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOSEPHAT WANJOHI MWANGI v REPUBLIC
Advocates:
Citation: JOSEPHAT WANJOHI MWANGI v REPUBLIC [2008] eKLR
Criminal law - murder - date murder of a woman in a hotel room - conviction based on circumstantial evidence - test to be applied to circumstantial evidence - whether the inculpatory facts were compatible with the innocence of the accused and could be explained only on the basis of his guilt - Penal Code section 203, 204
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SAMUEL NYOIKE NDUATI V REPUBLIC [2008] EKLR
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Case Number: Civil Appli. Nai 292 of 2003 (NYR 13/2003) |
Date Delivered: 23 May 2008 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki
Court: High Court at Nyeri
Parties: SAMUEL NYOIKE NDUATI v REPUBLIC
Advocates:
Citation: SAMUEL NYOIKE NDUATI v REPUBLIC [2008] eKLR
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CYRUS MURIITHI KAMAU & ANOTHER V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 87 & 88 of 2006 |
Date Delivered: 26 Oct 2007 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: High Court at Nyeri
Parties: CYRUS MURIITHI KAMAU & ANOTHER v REPUBLIC
Advocates:
Citation: CYRUS MURIITHI KAMAU & ANOTHER v REPUBLIC [2007] eKLR
Criminal Practice and Procedure- second appeal-appeal against conviction and sentence –where the appellants had been charged with two counts of robbery with violence and sentenced to death-appeal on the ground inter-alia that the court erred in law in failing to appreciate that a miscarriage of justice occurred as the trial magistrate failed to comply with the provisions of section 200 of the Criminal Procedure Code which was prejudicial to the appellants- rule of natural justice -rights of an accused person to be informed of the right to have the previous witnesses re-summoned and reheard - duty to protect the right placed on the trial magistrate which burden is placed in mandatory terms -violation of thatt right-whether the appeal was merited-whether a retrial could be ordered - section 200 of the Criminal Procedure Code, Penal Code section 296 (2)
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PATRICK TUVA MWANENGU V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 272 of 2006 |
Date Delivered: 27 Jul 2007 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Court: High Court at Mombasa
Parties: PATRICK TUVA MWANENGU v REPUBLIC
Advocates:
Citation: PATRICK TUVA MWANENGU v REPUBLIC [2007] eKLR
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FRANCIS MACHARIA GICHANGI & 3 OTHERS V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 11 of 2004 |
Date Delivered: 06 Jul 2007 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, William Shirley Deverell
Court: High Court at Embu
Parties: FRANCIS MACHARIA GICHANGI & 3 OTHERS v REPUBLIC
Advocates:
Citation: FRANCIS MACHARIA GICHANGI & 3 OTHERS v REPUBLIC [2007] eKLR
Criminal practice and procedure-second appeal-appeal against conviction and sentence-where the appellants were convicted on the offence of robbery with violence and sentenced to death- evidence on record showing 2nd and 4th appellants were improperly convicted- 1st and 3rd appellants properly convicted-where the language used by the prosecution witnesses was not recorded- duty on the part of an accused person to indicate to the court, that he is not able to understand the language of the proceedings though the duty does not lessen the duty of the court of being satisfied that the accused is able to follow the proceedings- principles to guide the court on whether to order a retrial -where it was in the interest of justice to order a retrial -whether a retrial for the 1st and 3rd appellants could be ordered - section 296(2) of the Penal Code ,Section 77 (1) (b) and (f) of the Constitution
Constitutional law-rights of accused-violation of rights-whether the appellants rights had been violated-where the proceedings were conducted in a language not understood by the appellants-effect of- duty of the courts to enforce the provisions of the Constitution- Section 77 (1) (b) and (f) of the Constitution
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Ibrahim Wandera V P N Mashru Ltd [2007] EKLR
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Case Number: Civil Appeal 333 of 2003 |
Date Delivered: 20 Jun 2007 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, William Shirley Deverell
Court: High Court at Kisumu
Parties: Ibrahim Wandera v P N Mashru Ltd
Advocates:
Citation: Ibrahim Wandera v P N Mashru Ltd [2007] eKLR
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