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Filter Judge Name : Edward Muthoga Muriithi.
Zipporah Wambui V Nelly Mukite Wanyama (Suing As Wife And Administrator Of The Estate Of The Late George Nafula Wanjala & Another [2019] EKLR
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| Case Number: Civil Appeal 165 of 2016 |
Date Delivered: 03 Oct 2019 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Eldoret
Parties: Zipporah Wambui v Nelly Mukite Wanyama (Suing as wife and administrator of the estate of the late George Nafula Wanjala & Kenya Power & Lighting Company Limited
Advocates:
Citation: Zipporah Wambui v Nelly Mukite Wanyama (Suing as wife and administrator of the estate of the late George Nafula Wanjala & another [2019] eKLR
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Marthlida Auma Oloo V Independent Electoral & Boundaries Commission (IEBC) & 3 Others [2019] EKLR
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| Case Number: Election Petition Civil Appeal 36 of 2018 |
Date Delivered: 24 Jan 2019 |
Judge: Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Court: High Court at Kisumu
Parties: Marthlida Auma Oloo v Independent Electoral & Boundaries Commission (IEBC), Orange Democratic Movement, Philister Atieno & James Otieno Ochieng Ruku
Advocates:
Citation: Marthlida Auma Oloo v Independent Electoral & Boundaries Commission (IEBC) & 3 others [2019] eKLR
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Samwel Wafula V Republic [2018] EKLR
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| Case Number: Criminal Appeal 74 of 2016 |
Date Delivered: 24 Oct 2018 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Eldoret
Parties: Samwel Wafula v Republic
Advocates:
Citation: Samwel Wafula v Republic [2018] eKLR
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Moses Rionoluk V Republic [2017] EKLR
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| Case Number: Criminal Appeal 22 of 2016 |
Date Delivered: 01 Nov 2017 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Kapenguria
Parties: Moses Rionoluk v Republic
Advocates:
Citation: Moses Rionoluk v Republic [2017] eKLR
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SHIMMERS PLAZA LIMITED V NATIONAL BANK LIMITED [2012] EKLR
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| Case Number: Civil Application 38 of 2012 |
Date Delivered: 28 Mar 2012 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SHIMMERS PLAZA LIMITED v NATIONAL BANK LIMITED
Advocates:
Citation: SHIMMERS PLAZA LIMITED v NATIONAL BANK LIMITED [2012] eKLR
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PAN AFRICA INSURANCE COMPANY LTD & 2 Others V CLARKSON & SOUTHERN LIMITED [2008] EKLR
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| Case Number: Civil Case 4828 of 1987 |
Date Delivered: 23 May 2008 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Pan Africa Insurance Company Ltd, American Life Insurance Co. Ltd & Heritage Insurance Company Ltd v Clarkson & Southern Limited
Advocates:
Citation: PAN AFRICA INSURANCE COMPANY LTD & 2 others v CLARKSON & SOUTHERN LIMITED [2008] eKLR
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Peter Ndungu Thiongo & Another V Juvenalis Gitau Muchuga & 6 Others [2006] EKLR
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| Case Number: Civil Case No. 3087 of 1985 |
Date Delivered: 23 Mar 2006 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Peter Ndungu Thiongo & another v Juvenalis Gitau Muchuga & 6 others
Advocates:
Citation: Peter Ndungu Thiongo & another v Juvenalis Gitau Muchuga & 6 others [2006] eKLR
Land – land transferred by way of gift – plaintiffs claiming that the land was family land held in trust and that the transfer had been unlawful and in breach of the trust – declaration sought that the first defendant was a trustee of the plaintiff and other members of the clan – Kikuyu customary law – “muramati” (trustee) of “mbari” (clan) land – duty of the plaintiff to establish his claim – whether the court has jurisdiction to declare a registered proprietor of land under the Registered Land Act (Cap. 300) as trustee for a clan or an indeterminate group – whether the registration of the land extinguished any customary law right
CIVIL PROCEDURE – abatement of suit – death of first defendant – no cause of action pleaded against the other defendants – whether the suit had abated – whether the suit was merely declaratory and it survived the death of the first defendant - Order XXIII Rule 4 (3) of the Civil Procedure Rules
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Yogendra Purshottam Patel V Pascale Mireille Baksh (Nee Patel) & 2 Others [2006] EKLR
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| Case Number: Civil Case No. 617 of 1995 |
Date Delivered: 13 Mar 2006 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Yogendra Purshottam Patel v Pascale Mireille Baksh (Nee Patel) & 2 others
Advocates:
Citation: Yogendra Purshottam Patel v Pascale Mireille Baksh (Nee Patel) & 2 others [2006] eKLR
Land – tenancy in common – trust – Benami transaction – plaintiff claiming to have solely purchased and developed land and that the registration of his deceased brothers was a Benami transaction making them trustees for him – defendants claiming tenancy in common in equal shares – defendants claiming that if there was a trust, then the transaction was void for want of the consent of the Land Control Board – Land Control Act section 6(2) – whether a grant or title under the Registration of Titles Act is subject to unregistered equitable rights – whether the agreement of sale, conveyance and certificate of title contained an express declaration of trust – whether the court had jurisdiction to imply a resulting trust or a Benami transaction in favour of the plaintiff – whether the concept of a Benami transaction part of Kenyan law – presumption of resulting trust
EVIDENCE – oral versus documentary evidence – whether extrinsic evidence is admissible to proof the term of a contract or a grant or any disposition of property - Evidence Act sections 97, 98
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Abdul Karim Hassanaly & Another V Westco Kenya Ltd & 3 Others [2003] EKLR
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| Case Number: Civil Suit 1338 of 1997 |
Date Delivered: 10 Apr 2005 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Abdul Karim Hassanally; Nyota Service Station Ltd v Westco Kenya Ltd; Mwai Kibaki; Kibaki Mureithi; Dr. John Kabiru
Advocates:
Citation: Abdul Karim Hassanaly & another v Westco Kenya Ltd & 3 others [2003] eKLR
Presidential immunity - immunity from suit - oral application by the second defendant for an order that the suit against him be struck out on the ground that being the President of the Republic of Kenya is by virtue of section 14(2) of the Constitution he was immune from Civil Proceedings - whether the President is liable in respect of all suits commenced against him prior to taking office - whether the immunity enjoyed by the President is not absolute and does not extend to matters of private nature.
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KENYA AFRICAN OTHAYA BUS UNION Vs PUBLIC TRUSTEE[2004] EKLR
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| Case Number: civ suit 2810 of 84 |
Date Delivered: 07 Apr 2004 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KENYA AFRICAN OTHAYA BUS UNION vs PUBLIC TRUSTEE
Advocates:
Citation: KENYA AFRICAN OTHAYA BUS UNION vs PUBLIC TRUSTEE[2004] eKLR
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