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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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Ronald Mwachia Ezekiel V Republic [2008] EKLR
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Case Number: Criminal Appeal 318 of 2007 |
Date Delivered: 11 Jul 2008 |
Judge: Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Ronald Mwachia Ezekiel v Republic
Advocates:
Citation: Ronald Mwachia Ezekiel v Republic [2008] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - evidence - duty of a first appellate court - matters a second appellate court should consider - circumstances in which a second appellate court will interfere with the concurrent findings of fact made by a trial court and the first appellate court - circumstantial evidence - where an accused person goes into hiding after the incident giving rise to the charge, that conduct amounts to circumstantial evidence that should be taken into account - Penal Code section 296(2)
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Walter Musi Anyanje V Hilton International Kenya Ltd & Another [2008] EKLR
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Case Number: Civil Appeal 269 of 2003 |
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: Walter Musi Anyanje v Hilton International Kenya Ltd & Tom Njiri
Advocates:
Citation: Walter Musi Anyanje v Hilton International Kenya Ltd & another [2008] eKLR
Employment - claim for general damages for wrongful dismissal and for defamation - appeal against dismissal of a claim - there can be no general damages in respect of suits based on termination of a contract of employment since the relation of the parties is contractual - whether there was merit in the appeal.
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Joel Omagwa Onyancha V Simon Nyaundi Ogari & Another [2008] EKLR
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Case Number: Civil Appli. Nai 104 of 2008 (UR. 62/2008) |
Date Delivered: 11 Jul 2008 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Joel Omagwa Onyancha v Simon Nyaundi Ogari & Zephania Moraro Nyangwara
Advocates:
Citation: Joel Omagwa Onyancha v Simon Nyaundi Ogari & another [2008] eKLR
[Ruling] Civil Practice and Procedure - appeal - application for stay of proceedings pending appeal - application arising from an appeal from the decision of an election court - issue in the intended appeal being whether the applicant had been properly served with the notice of the presentation of the petition - whether the applicant had an arguable appeal - whether the success of the appeal would be rendered nugatory if the application for stay was refused - duty of the court to ensure that election petitions are disposed of expeditiously - Court of Appeal Rules rule 5(2)(b)
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Joginder Auto Service Limited V Mohammed Shaffique & Another [2008] EKLR
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Case Number: Civil Appeal 210 of 2000 |
Date Delivered: 11 Jul 2008 |
Judge: Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Nairobi
Parties: Joginder Auto Service Limited v Mohammed Shaffique & Mohammed Parvez Saroya
Advocates:
Citation: Joginder Auto Service Limited v Mohammed Shaffique & another [2008] eKLR
Contract - action for breach of contract - contract for the repair of a motor vehicle - action for the value of the vehicle after it was lost while in the custody of the repairer - claimant alleging negligence against the repairer - repairer averring the vehicle had been kept at the motor garage at the claimant's risk - appeal against a decision of the High Court ruling in favour of the claimant - alleged exclusion clause not brought to the attention of the claimant - re-evaluation of the evidence by the appellate court - whether there was merit in the appeal - matters which an appellate court will consider in deciding whether to interfere with the findings of fact made by the lower court.
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