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BENARD GAITHUMA NJUGUNA V B.P. KENYA LTD [2006] EKLR
Case Number: Civil Case 942 of 2005	Date Delivered: 21 Jun 2006

Judge: John Luka Osiemo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: BENARD GAITHUMA NJUGUNA v B.P. KENYA LTD

Advocates:

Citation: BENARD GAITHUMA NJUGUNA v B.P. KENYA LTD [2006] eKLR

[RULING] Civil Practice and Procedure-settlement-where the parties signed a memorandum of understanding in settlement of the suit dispute-whether judgment should be entered for the defendant in terms of the memorandum of understanding-Civil Procedure Rules, Order 24, rule 6

JASPAR TECH ENTERPRISES LTD V JOSEPH MATHII NDUNG'U & 2 Others [2006] EKLR
Case Number: Civil Case 129 of 2006	Date Delivered: 21 Jun 2006

Judge: FRED A. OCHIENG

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

Parties: JASPAR TECH ENTERPRISES LTD v JOSEPH MATHII NDUNG'U, FARASI POWER LTD & TEX PALACE LIMITED

Advocates:

Citation: JASPAR TECH ENTERPRISES LTD v JOSEPH MATHII NDUNG'U & 2 others [2006] eKLR

[Ruling] Civil Practice and Procedure - stay of proceedings - application for stay on the ground that there were parallel proceedings before the Business Premises Rent Tribunal - Civil Procedure Act sections 3A, 6 - Civil Procedure Rules Order 6 of 13(1)(b),(c), (d)

FRANCIS NJAKWE GITHIARI & Another V DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE [2006] EKLR
Case Number: Civil Case 596 of 2004	Date Delivered: 21 Jun 2006

Judge: FRED A. OCHIENG

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

Parties: FRANCIS NJAKWE GITHIARI & NJAMA LIMITED v DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE

Advocates:

Citation: FRANCIS NJAKWE GITHIARI & another v DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE [2006] eKLR

[Ruling]Civil Practice and Procedure - stay of proceedings - application for stay pending appeal - discretion of the High Court to order stay pending appeal - matters the court will consider in such an application - Civil Procedure Rules Order 41 rule 4(2)

LUCY NYAMANU KIMANI V LAWRENCE MBURU MUTHIGA [2006] EKLR
Case Number: Civil Appeal 118 of 2000	Date Delivered: 21 Jun 2006

Judge: Onesmus Kimweli Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: LUCY NYAMANU KIMANI v LAWRENCE MBURU MUTHIGA

Advocates:

Citation: LUCY NYAMANU KIMANI v LAWRENCE MBURU MUTHIGA [2006] eKLR

[Ruling] Civil Practice and Procedure - stay of execution pending appeal - delay of one and a half years in bringing the application - whether the delay was inordinate and unreasonable - matters which an applicant for stay must establish to the court - Civil Procedure Rules Order 41 rule 4

POSTAL CORPORATION OF KENYA V JOB GACHANGE NJAGI [2006] EKLR
Case Number: Civil Appeal 946 of 2004	Date Delivered: 21 Jun 2006

Judge: O.K. MUTUNGI

Court: High Court at Nairobi (Milimani Law Courts)

Parties: POSTAL CORPORATION OF KENYA v JOB GACHANGE NJAGI

Advocates:

Citation: POSTAL CORPORATION OF KENYA v JOB GACHANGE NJAGI [2006] eKLR

Civil Practice and Procedure-damages-where the court had made an award on account of future medical expenses-whether such award has any legal basis-whether such award meets the test of special damages and whether special damages can be based on speculation

Civil Practice and Procedure-damages-special damages-whether there can be a variance on the sum awarded under special damages

NJOROGE NGAGE “B” V MIKELINE NJOKI KAIRU [2006] EKLR
Case Number: Civil Appeal 49 of 2005	Date Delivered: 21 Jun 2006

Judge: George Matatia Abaleka Dulu

Court: High Court at Nairobi (Milimani Law Courts)

Parties: NJOROGE NGAGE “B” v MIKELINE NJOKI KAIRU

Advocates:

Citation: NJOROGE NGAGE “B” v MIKELINE NJOKI KAIRU [2006] eKLR

[Ruling] Civil Practice and Procedure - appeal - jurisdiction of a court to rehear an appeal for good cause - where appeal is heard ex parte and judgment given in the absence counsel for one party - mistake of counsel in failing to attend at the hearing of the appeal - whether the applicant had established that the non-attendance was due to a sufficient reason - whether the appeal should be reheard - Civil Procedure Rules Order 41 rule 18

In Re Mwariki Farmers Company Limited [2006] EKLR
Case Number: Misc Appli 129 of 2001	Date Delivered: 21 Jun 2006

Judge: Festus Azangalala

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

Parties: In Re Mwariki Farmers Company Limited

Advocates:

Citation: In Re Mwariki Farmers Company Limited [2006] eKLR

[Ruling] Company law - court ordering for the restoration of a company to the Register of Companies - application to set aside the order - grounds: that petition had been filed and prosecuted without notice to genuine directors and majority shareholders of the company ; that some of the petitioners were strangers to the company and that the shareholders had resolved to dissolve the company - whether there had been discovery of new and important matter or evidence warranting the setting aside of the previous order - Companies Act section 339(6)

SIMON MUCHIRI V VIRGINIA NJERI CHURU [2006] EKLR
Case Number: Prob & Admin Cause 34 of 1997	Date Delivered: 21 Jun 2006

Judge: Hannah Magondi Okwengu

Court: High Court at Nyeri

Parties: SIMON MUCHIRI v VIRGINIA NJERI CHURU

Advocates:

Citation: SIMON MUCHIRI v VIRGINIA NJERI CHURU [2006] eKLR

[RULING] Advocates-taxation-where the applicant seeks a stay of proceedings and/or execution pending the determination of the objection proceedings-where the applicant failed to instruct the respondent advocate that he had fired his advocate-whether the orders for stay should be granted

In Re Golden Grains Limited [2006] EKLR
Case Number: Misc Appli 261 of 2006	Date Delivered: 21 Jun 2006

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Golden Grains Limited

Advocates:

Citation: In Re Golden Grains Limited [2006] eKLR

[Ruling] – COMPANY LAW – company name – striking off the register – application for reinstatement – where the registrar off companies did not serve notice to the company before striking it off the register – effect of – applicable principles – whether the court can reinstate a company that has been struck off the register

ELIJAH KIPNG’ENO ARAP BII V KENYA COMMERCIAL BANK LIMITED [2006] EKLR
Case Number: Civil Suit 605 of 2005	Date Delivered: 20 Jun 2006

Judge: Mary Muhanji Kasango

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

Parties: ELIJAH KIPNG’ENO ARAP BII v KENYA COMMERCIAL BANK LIMITED

Advocates:

Citation: ELIJAH KIPNG’ENO ARAP BII v KENYA COMMERCIAL BANK LIMITED [2006] eKLR

[Ruling] Injunction - interlocutory injunction - application for an injunction to restrain the defendant from selling charged properties - grounds: that the respondent/chargor had allegedly violated credit terms by varying the interest rate and therefore the statutory power of sale had not arisen - plaintiff alleging that there had been no service of the notice of sale - plaintiff still indebted to the respondent - whether the plaintiff had made out a proper case for the issue of injunction