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SAMSON EMURU V OL SUSWA FARM LTD [2006] EKLR
Case Number: Civil Appeal 6 of 2003	Date Delivered: 28 Apr 2006

Judge: Martha Karambu Koome

Court: High Court at Nakuru

Parties: SAMSON EMURU v OL SUSWA FARM LTD

Advocates:

Citation: SAMSON EMURU v OL SUSWA FARM LTD [2006] eKLR

Negligence - breach of duty of care - liability of an employer for the safety of employees - duty of the employer to provide a safe system of work - employee injured in the course of employment - industrial accident - employer engaged in the manufacture or milling of animal feed - employee injured after falling into the mill - amputation of right hand - employee alleging that the employer had failed to provide a safe system of work, to service the mill and to provide adequate supervision - whether the employer was negligent - quantum of damages.

MEA LTD V GITITU COFFEE GROWERS CO-OPERATIVE [2006] EKLR
Case Number: Civil Case 219 of 1999	Date Delivered: 28 Apr 2006

Judge: Martha Karambu Koome

Court: High Court at Nakuru

Parties: MEA LTD v GITITU COFFEE GROWERS CO-OPERATIVE

Advocates:

Citation: MEA LTD v GITITU COFFEE GROWERS CO-OPERATIVE [2006] eKLR

[Ruling] Civil Practice and Procedure - parties to suits - joinder of parties - application for joinder to a suit as an interested party and for review of a court order - whether the application was res judicata - circumstances in which a party may be allowed to file an application similar to a previous one which had been finally determined - application for review must be accompanied by the order which the party seeks to review - whether the application was incompetent.

LOGHAN NJENGA WAWERU V DAMARIS MUGA KAMURE & Another [2006] EKLR
Case Number: Civil Case 240 of 2005	Date Delivered: 28 Apr 2006

Judge: Martha Karambu Koome

Court: High Court at Nakuru

Parties: LOGHAN NJENGA WAWERU v DAMARIS MUGA KAMURE & 2. LAND REGISTRAR – NAKURU

Advocates:

Citation: LOGHAN NJENGA WAWERU v DAMARIS MUGA KAMURE & another [2006] eKLR

Land Law-title-where the plaintiff has been in possession of the suit property for over twenty-five years and the title has been allocated to another party-validity of the allocation

SARAH WANJIRU KAGUONGO V JOHN JUMA MWAURA [2006] EKLR
Case Number: Divorce Cause 5 of 2003	Date Delivered: 28 Apr 2006

Judge: Martha Karambu Koome

Court: High Court at Nakuru

Parties: SARAH WANJIRU KAGUONGO v JOHN JUMA MWAURA

Advocates:

Citation: SARAH WANJIRU KAGUONGO v JOHN JUMA MWAURA [2006] eKLR

Family Law-divorce-cruelty-where the respondent husband has abandoned his marital obligations and beats the petitioner wife-whether the marriage should be dissolved

EUNICE SOKO MLAGUI V SOFTWARE APPLICATION LIMITED [2005] EKLR
Case Number: Civil Suit 15 of 2004	Date Delivered: 28 Apr 2006

Judge: Mary Muhanji Kasango

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

Parties: EUNICE SOKO MLAGUI v SOFTWARE APPLICATION LIMITED

Advocates:

Citation: EUNICE SOKO MLAGUI v SOFTWARE APPLICATION LIMITED [2005] eKLR

[RULING] Contempt-committal-where the contemnors have disobeyed a consent order to open a joint account and deposit therein proceeds of the sale of suit property-where the respondents have not filed any papers in opposition-purge of contempt

FULCHAND M. SHAH V PANACHAND J SHAH & OTHERS [2006] EKLR
Case Number: Civil Suit 261 of 2004	Date Delivered: 28 Apr 2006

Judge: Mary Muhanji Kasango

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

Parties: FULCHAND M. SHAH v PANACHAND J SHAH & OTHERS

Advocates:

Citation: FULCHAND M. SHAH v PANACHAND J SHAH & OTHERS [2006] eKLR

[RULING] Summons-service-where the defendants are outside the court’s jurisdiction-whether leave should be granted to effect service

MATHEWS SANKOK SHOMPA V KENYA COMMERCIAL BANK LIMITED & 3 Others [2006] EKLR
Case Number: Civil Case 529 of 2004	Date Delivered: 28 Apr 2006

Judge: Mary Muhanji Kasango

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

Parties: MATHEWS SANKOK SHOMPA v KENYA COMMERCIAL BANK LIMITED, CASH CROP AUCTIONEERS, SAMUEL NJENGA KANYORO & NAIROBI POOL TABLE (K) LIMITED

Advocates:

Citation: MATHEWS SANKOK SHOMPA v KENYA COMMERCIAL BANK LIMITED & 3 others [2006] eKLR

[RULING] Suit-dismissal for want of prosecution-where the plaintiff has not fixed the matter for hearing three months after it was stood over generally to allow joinder of parties-whether the suit should be dismissed

MBUGUA & MBUGUA ADVOCATES V MADISON INSURANCE COMPANY LIMITED [2006] EKLR
Case Number: Misc Appli 943 of 2005	Date Delivered: 28 Apr 2006

Judge: Mary Muhanji Kasango

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

Parties: MBUGUA & MBUGUA ADVOCATES v MADISON INSURANCE COMPANY LIMITED

Advocates:

Citation: MBUGUA & MBUGUA ADVOCATES v MADISON INSURANCE COMPANY LIMITED [2006] eKLR

[RULING] Advocates-costs-where the applicant is seeking judgment in its favor as per the taxed costs-where the certificate of costs has not been set aside-whether judgment should be entered for the applicant

Kenya Canners Limited V Titus Muiruri Doge [2006] EKLR
Case Number: Civil Appli 119 of 1996	Date Delivered: 28 Apr 2006

Judge: Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Court: Court of Appeal at Nairobi

Parties: Kenya Canners Limited v Titus Muiruri Doge

Advocates:

Citation: Kenya Canners Limited v Titus Muiruri Doge [2006] eKLR

[Ruling] Civil Procedure – appeal – application for extension of time to file notice and record of appeal – reference to the full court of a decision of a single judge refusing to extend time – nature of a reference to the full court – discretion of a judge to allow or refuse an extension of time – circumstances in which the full court would interfere with the exercise of such discretion Court of Appeal Rule rules 4, 54(1)(b)

African Development Bank V Rosemary Agnes Acholla & Another [2006] EKLR
Case Number: Civil Appeal 135 of 2002	Date Delivered: 28 Apr 2006

Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Court: Court of Appeal at Nairobi

Parties: African Development Bank v Beatrice Agnes Acholla & Rosemary Ambalo Acholla

Advocates:

Citation: African Development Bank v Rosemary Agnes Acholla & another [2006] eKLR

[Ruling] Civil Procedure – judges – establishing a bench of five judges – appellant inviting the Court of Appeal to constitute a bench of five judges because he would be seeking to reverse a previous judgment of three judges of the Court – whether this was a ground for constituting a bench of five judges – whether a bench of three judges could still decide on the correctness of the decision