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GEOFFREY MOI OCHOKI V REPUBLIC [2008] EKLR
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Case Number: Criminal Appeal 128 of 2007 |
Date Delivered: 14 Jul 2008 |
Judge: D
Court: High Court at Kisii
Parties: GEOFFREY MOI OCHOKI v REPUBLIC
Advocates:
Citation: GEOFFREY MOI OCHOKI v REPUBLIC [2008] eKLR
Criminal law-abduction of a child-appellant charged and convicted on his own plea of guilty-appeal-appeal against conviction and sentence-grounds that the charge was defective and that the trial magistrate failed to ensure that the plea taken was unequivocal-whether such a defect on a charge was curable by law-whether the sentence passed by the trial court was lawful, harsh and excessive-whether the appeal had merit-Children Act 2001 sections 13 (1), 14, 20; Criminal Procedure Code section 382.
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PALACE DRYCLEANERS LTD & Another V KENYA POWER & LIGHTING CO. LTD [2008] EKLR
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Case Number: Civil Case 837 of 2000 |
Date Delivered: 13 Jul 2008 |
Judge: John Micheal Khamoni
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PALACE DRYCLEANERS LTD & GEORGE GIKUBU MBUTHI v KENYA POWER & LIGHTING CO. LTD
Advocates:
Citation: PALACE DRYCLEANERS LTD & another v KENYA POWER & LIGHTING CO. LTD [2008] eKLR
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Eliud Ole Mbaria V Republic [2008] EKLR
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Case Number: Criminal Appeal 300 of 2005 |
Date Delivered: 11 Jul 2008 |
Judge: Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Eliud Ole Mbaria v Republic
Advocates:
Citation: Eliud Ole Mbaria v Republic [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for production of additional evidence under rule 29(a) and b of the Court of Appeal Rules - appellant seeking the production of a police occurence book ( OB ) entry as part of the evidence in his appeal against conviction and sentence of death for the offence of robbery with violence - circumstances in which the Court of Appeal will take or direct the taking of additional evidence - order only to be made where the Court is hearing an appeal from the High Court acting in exercise of its original jurisdiction - order for additional evidence may not be issued in a second appeal - matters which an applicant is required to establish.
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M’IKIARA M’MBIJIWE V FRANKLINE MUGAMBI M’MBIJIWE & 4 OTHERS [2008] EKLR
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Case Number: Succession Cause 8 of 1991 |
Date Delivered: 11 Jul 2008 |
Judge: Mathew John Anyara Emukule
Court: High Court at Meru
Parties: M’IKIARA M’MBIJIWE v FRANKLINE MUGAMBI M’MBIJIWE & 4 OTHERS
Advocates:
Citation: M’IKIARA M’MBIJIWE v FRANKLINE MUGAMBI M’MBIJIWE & 4 OTHERS [2008] eKLR
[Ruling] Family Law-probate and administration-estate-distribution of estate-parties being unable to decide on the manner in which the estate should be distributed-effect of-where some of the parties had entered into a sale of land agreement for part of the suit property-power of court to amend or rectify a grant of letters of administration issued on the grounds of errors in the names and descriptions-effect of-factors the court considers in such applications-whether the enforcement of a sale agreement between beneficiaries was a matter for the succession court-Law of Succession Act section 74
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KENYA CHEMICAL AND ALLIED WORKERS UNION V COSMO PLASTICS LIMITED [2008] EKLR
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Case Number: Misc. Case 530 of 2006 |
Date Delivered: 11 Jul 2008 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KENYA CHEMICAL AND ALLIED WORKERS UNION v COSMO PLASTICS LIMITED
Advocates:
Citation: KENYA CHEMICAL AND ALLIED WORKERS UNION v COSMO PLASTICS LIMITED [2008] eKLR
[Ruling]Civil Practice-judgment-application that the attachment by proclamation of certain goods in the execution of decree herein be lifted-grounds that the attached goods belong to the objector not the judgment debtor-objector claiming that the judgment debtor attached the goods at did not belong to it-effect of-whether the objector proved on a balance of probabilities that it was entitled to or had a legal or equitable interest in, the whole or a part of the attached property
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Gopal Ramji Ladha Patel V City Finance Bank Limited [2008] EKLR
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Case Number: Civil Appeal (Appli.) 156 of 2003 |
Date Delivered: 11 Jul 2008 |
Judge: Philip Kiptoo Tunoi
Court: Court of Appeal at Nairobi
Parties: Gopal Ramji Ladha Patel v City Finance Bank Limited
Advocates:
Citation: Gopal Ramji Ladha Patel v City Finance Bank Limited [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - abatement of appeal - application for enlargment of the time for filing an application for substitution of an appellant - appeal having abated upon the death of the appellant and since no application was made to substitute him within 12 months - applicant attributing delay to the mistake of the previous advocate - whether the appeal could be revived after it had abated - Court of Appeal Rules rule 4
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Embakasi Youth Development Project V Housing Finance Company Of Kenya Ltd [2008] EKLR
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Case Number: Civil Appeal (Appli.) 258 of 2007 |
Date Delivered: 11 Jul 2008 |
Judge: Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Embakasi Youth Development Project v Housing Finance Company of Kenya Ltd
Advocates:
Citation: Embakasi Youth Development Project v Housing Finance Company of Kenya Ltd [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - application to strike out record of appeal - grounds: that the record of appeal was lodged out of time - party having applied for certified copies of the proceedings - whether certified copies were necessary where uncertified copies could be used - whether requesting for 'certified copies' disentitles an appellant from having the time expended in obtaining the copies excluded from the computation of the time taken in filing the appeal - duty of the respondent to give a satisfactory explanation of the delay - Court of Appeal Rules rules 80, 81
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Evans Kageche Boro V Stanley Munga Githunguri & 7 Others [2008] EKLR
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Case Number: Civil Appli. Nai 271 of 2006 (UR 130/2006) |
Date Delivered: 11 Jul 2008 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Evans Kageche Boro v Stanley Munga Githunguri & 7 others
Advocates:
Citation: Evans Kageche Boro v Stanley Munga Githunguri & 7 others [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - substitution of parties to an appeal - application for leave to amend an interlocutory application by substituting two deceased respondents with their legal representatives - no notice of appeal on the record - whether in the absence of a notice of appeal the application was incompetent.
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Columbus Dindi Okoth V Republic [2008] EKLR
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Case Number: Criminal Appeal 287 of 2005 |
Date Delivered: 11 Jul 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Court: Court of Appeal at Nairobi
Parties: Columbus Dindi Okoth v Republic
Advocates:
Citation: Columbus Dindi Okoth v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - evidence - identification evidence - whether the evidence of the identification of the appellant was reliable - consideration of the defence of alibi - circumstances in which the court may draw an adverse inference from the failure to call witnesses - Penal Code section 296(2)
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Jaribu Holdings Ltd V Kenya Commercial Bank Ltd [2008] EKLR
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Case Number: Civil Appli. Nai 314 of 2007 (UR. 215/07) |
Date Delivered: 11 Jul 2008 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya
Court: Court of Appeal at Nairobi
Parties: Jaribu Holdings Ltd v Kenya Commercial Bank Ltd
Advocates:
Citation: Jaribu Holdings Ltd v Kenya Commercial Bank Ltd [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for stay of execution pending appeal - application arising in a landlord and tenant dispute - decree sought to be stayed having been executed - whether it would be appropriate to issue an order of stay in such circumstances - matters which an applicant for stay is required to establish to the court - whether the success of the appeal would be rendered nugatory if the stay was refused - Court of Appeal Rules rule 5(2)(b)
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