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Haraka Hire Purchase V Wessel Gunter & Another [2006] EKLR
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Case Number: Civil Suit 44 of 2001 |
Date Delivered: 29 May 2006 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Haraka Hire Purchase v Wessel Gunter & another
Advocates:
Citation: Haraka Hire Purchase v Wessel Gunter & another [2006] eKLR
[RULING] Civil Practice and Procedure-suit-dismissal for want of prosecution-where the case had been adjourned on the grounds that the plaintiff’s witness was abroad-where three years since the date of adjournment the plaintiff has taken absolutely no steps to have the case set down for hearing-whether the suit should be dismissed pursuant to the provisions of Order 16, rule 5 of the Civil Procedure Rules
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Hannah Gathoni Maingi V James Mwai P. Nganda [2006] EKLR
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Case Number: Civil Appeal 86 of 1994 |
Date Delivered: 29 May 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Hannah Gathoni Maingi v James Mwai P. Nganda
Advocates:
Citation: Hannah Gathoni Maingi v James Mwai P. Nganda [2006] eKLR
[Ruling] - CIVIL PRACTICE AND PROCEDURE – application –the application is n abuse of the court process – where the trial judge was sitting in appeal over his own decision – effect of – factors the court considers in such applications – validity of order - Civil Procedure Act section 3A; Civil Procedure Rules Order 21 rule 25 and Order 50 rules 1 and 2
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SALIM MANJI & Another V SOUTHERN CREDIT BANKING CORPORATION LTD [2006] EKLR
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Case Number: Civil Case 515 of 2002 |
Date Delivered: 29 May 2006 |
Judge: Mary Muhanji Kasango, Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SALIM MANJI & another v SOUTHERN CREDIT BANKING CORPORATION LTD
Advocates:
Citation: SALIM MANJI & another v SOUTHERN CREDIT BANKING CORPORATION LTD [2006] eKLR
[RULING] Land Law-mortgages-statutory power of sale-where the plaintiff is contesting the exact amount owed under the mortgage-whether this is ground to issue restraining orders against the defendant from exercising its statutory power of sale
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John Ndunguru & 3 Others V Samuel Gakuyu & 5 Others [2006] EKLR
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Case Number: Civil Appeal 11 of 2005 |
Date Delivered: 29 May 2006 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: John Ndunguru & 3 others v Samuel Gakuyu & 5 others
Advocates:
Citation: John Ndunguru & 3 others v Samuel Gakuyu & 5 others [2006] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – application restraining the respondent from interfering with its administrative function of the suit properties – where the respondents claimed to be the registered owners of the suit property – applicable principles – whether the applicant established a prima facie case
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Allan Kimani Mburu V Franklin Mugendi Mati [2006] EKLR
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Case Number: Civil Appeal 548 of 2004 |
Date Delivered: 29 May 2006 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Allan Kimani Mburu v Franklin Mugendi Mati
Advocates:
Citation: Allan Kimani Mburu v Franklin Mugendi Mati [2006] eKLR
[Ruling] - CIVIL PRACTICE AND PROCEDURE – stay of execution – application for – application for the stay of execution of orders that were granted by the court – factors court considers in such matters – applicable principles – validity - Civil Procedure RulesOrder XLI rule
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Rumwe Farmers Co-op. Society Limited V Joel Mutunga Ngudo [2006] EKLR
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Case Number: Civil Appeal 967 of 2005 |
Date Delivered: 29 May 2006 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Rumwe Farmers Co-op. Society Limited v Joel Mutunga Ngudo
Advocates:
Citation: Rumwe Farmers Co-op. Society Limited v Joel Mutunga Ngudo [2006] eKLR
[RULING] Appeal-striking out-where the appellant’s counsel are not properly on record-whether this renders the appeal incompetent-Civil Procedure Rules, Order III, rule 9A
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David NgariI Waniara V Republic [2006] EKLR
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Case Number: Criminal Appeal 58 of 2003 |
Date Delivered: 29 May 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: David NgariI Waniara v Republic
Advocates:
Citation: David NgariI Waniara v Republic [2006] eKLR
Criminal Law-doctrine of recent possession-circumstances in which application of the doctrine will yield a sound conviction
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Samuel Kiragu Kamau V Republic [2006] EKLR
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Case Number: Criminal Appeal 239 of 2003 |
Date Delivered: 29 May 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Samuel Kiragu Kamau v Republic
Advocates:
Citation: Samuel Kiragu Kamau v Republic [2006] eKLR
Criminal law - rape - assault - accused person convicted on both counts and sentenced to imprisonment for 7 years and 2 years respectively - appeal against conviction - CRIMINAL PROCEDURE - prosecution - persons who are qualified to conduct a public prosecution - prosecution found to have been conducted by a police officer of the rank of Constable - whether such a person was qualified to conduct a prosecution - whether the trial should be nullified and a retrial ordered - Penal Code sections 141(1), 351; Criminal Procedure Code section 85(2)
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Charles Kiama Munyiri V Republic [2006] EKLR
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Case Number: Criminal Appeal 358B of 2003 |
Date Delivered: 29 May 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Charles Kiama Munyiri v Republic
Advocates:
Citation: Charles Kiama Munyiri v Republic [2006] eKLR
CRIMINAL LAW – prosecution – prosecution by unauthorized persons – effect of – whether such prosecution invalidates the trial - Criminal Procedure Code section 85 (2)
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Fredrick Ndoria Kamau V Republic [2006] EKLR
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Case Number: Criminal Appeal 366 of 2003 |
Date Delivered: 29 May 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Fredrick Ndoria Kamau v Republic
Advocates:
Citation: Fredrick Ndoria Kamau v Republic [2006] eKLR
Criminal Law-prosecution-where the prosecutor was unqualified-validity of the trial-Criminal Procedure Code (cap.75), Section 85(2)
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