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Mercantile Life And General Assurance Company Limited V Crested Sea Agencies Limited [2006] EKLR
Case Number: Civil Case 251 of 2003	Date Delivered: 30 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Mercantile Life and General Assurance Company Limited v Crested Sea Agencies Limited

Advocates:

Citation: Mercantile Life and General Assurance Company Limited v Crested Sea Agencies Limited [2006] eKLR

Insurance Law-premiums-whether an insurance agent is liable for premiums arising from business placed by it with the plaintiff when the premium has not been paid by the insured-Insurance Act, Section 156 (3)

Silvanus Kiprasi Tubei V Kenya Commercial Finance Company Ltd [2006] EKLR
Case Number: Civil Case 261 of 2003	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Silvanus Kiprasi Tubei v Kenya Commercial Finance Company Ltd

Advocates:

Citation: Silvanus Kiprasi Tubei v Kenya Commercial Finance Company Ltd [2006] eKLR

[Ruling] - CIVIL PRACTICE AND PROCEDURE – pleadings – striking out – application for – applicant sought to strike out the plaint on the grounds that it was vexatious – where the made some averments that had to be resolved at trial – effect of – applicable principles – whether the court can strike out various paragraphs of pleadings

Cathirene Njuguini Kanya & 2 Others V Commercial Bank Of Africa [2006] EKLR
Case Number: Civil Case 1939 & of 1999 & 1661 of 2001	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Cathirene Njuguini Kanya & 2 others v Commercial Bank of Africa

Advocates:

Citation: Cathirene Njuguini Kanya & 2 others v Commercial Bank of Africa [2006] eKLR

Employment law - master and servant - dismissal from employment - action for damages for alleged wrongful dismissal - plaintiffs having been dismissed after allegedly failing to resume work after they had participated in a strike/industrial action - whether the employer had breached the contract of employment in dismissing the plaintiffs - whether the plaintiffs were entitled to be treated as approved retirees and to interest on the sums due for redundancy

Grace Wamuyu V Captain Muyaa [2006] EKLR
Case Number: Civil Case 2240 of 2001	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Grace Wamuyu v Captain Muyaa

Advocates:

Citation: Grace Wamuyu v Captain Muyaa [2006] eKLR

INJUNCTION – temporary injunction – application for – applicant sought orders to bar the respondent from entering the suit property – where both the plaintiff and the defendant claimed true ownership of the suit property – factors court considers in such circumstances – whether the applicant established a prima facie case

Philemon P. A. Kiwool V Annah Ndunge Malavu & Another [2006] EKLR
Case Number: Civil Case 504 of 2004	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Philemon P. A. Kiwool v Annah Ndunge Malavu & another

Advocates:

Citation: Philemon P. A. Kiwool v Annah Ndunge Malavu & another [2006] eKLR

CONTRACT – sale of land contract – ingredients of – where the plaintiff had claimed that the defendant had agreed to give her first option to purchase the property but later sold it to the second defendant – applicable principles – whether indeed there was a valid contract

Alpha Knits Ltd V Meghji Kanji & CO. Advocates [2006] EKLR
Case Number: Civil Case 516 of 2003	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Alpha Knits Ltd v Meghji Kanji & CO. Advocates

Advocates:

Citation: Alpha Knits Ltd v Meghji Kanji & CO. Advocates [2006] eKLR

Contract-oral-where the plaintiff advanced the defendant a friendly loan-whether the plaintiff can claim the sum plus interest at commercial bank rates

Southern Credit Banking Corporation Limited V Kingsway Tyres & Auto Mart Ltd & 3 Others [2006] EKLR
Case Number: Civil Suit 567 of 1999	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Southern Credit Banking Corporation Limited v Kingsway Tyres & Auto Mart Ltd & 3 others

Advocates:

Citation: Southern Credit Banking Corporation Limited v Kingsway Tyres & Auto Mart Ltd & 3 others [2006] eKLR

CONTRACT – breach of - proof of – where there are two innocent parties – factors to be considered by court in such matters – applicable principles - validity of order

Mobil Oil Kenya Limited V John Khamisi Shabaan [2006] EKLR
Case Number: Civil Case 998 of 2002	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Mobil Oil Kenya Limited v John Khamisi Shabaan

Advocates:

Citation: Mobil Oil Kenya Limited v John Khamisi Shabaan [2006] eKLR

COMMERCIAL LAW - sale of goods – contract of – where the plaintiff was claiming money from the defendant for products supplied – defendant defaulted payment – factors court considers in such matters – validity of order

Giro Commercial Bank Limited V Shreeji Enterprises (K) Limited & 3 Others [2006] EKLR
Case Number: Civil Case 977 of 1999	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Giro Commercial Bank Limited v Shreeji Enterprises (K) Limited & 3 others

Advocates:

Citation: Giro Commercial Bank Limited v Shreeji Enterprises (K) Limited & 3 others [2006] eKLR

COMMERCIAL LAW – bills of exchange – promissory notes between two parties were discounted to a third party – where there was default of payment on the notes - applicable principles – whether failure to give a notice of dishonor on the note was unlawful

Cyka Holdings Limited V Johnson Joshua Kinynjui & 2 Others [2006] EKLR
Case Number: Civil Case 118 of 2003	Date Delivered: 25 May 2006

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Cyka Holdings Limited v Johnson Joshua Kinynjui & 2 others

Advocates:

Citation: Cyka Holdings Limited v Johnson Joshua Kinynjui & 2 others [2006] eKLR

[Ruling] – CIVIL PRACTICE AND PROCEDURE - pleadings – amendment of – application for leave to amend the plaint – factors courts consider in such applications – validity of order - Civil Procedure Rules Order VIA Rules 3, 5, 7 and 8