REPUBLIC Vs MUNYOKI KYETHO MUTHANGYA[2000] EKLR | ||
crim case 24 of 99 | 27 Nov 2000 |
John Wycliffe Mwera
High Court at Machakos
REPUBLIC vs MUNYOKI KYETHO MUTHANGYA
REPUBLIC vs MUNYOKI KYETHO MUTHANGYA[2000] eKLR
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REPUBLIC Vs MUNYOKI KYETHO MUTHANGYA[2000] EKLR | ||
Case Number: crim case 24 of 99 | Date Delivered: 27 Nov 2000 |
Judge: John Wycliffe Mwera
Court: High Court at Machakos
Parties: REPUBLIC vs MUNYOKI KYETHO MUTHANGYA
Advocates:
Citation: REPUBLIC vs MUNYOKI KYETHO MUTHANGYA[2000] eKLR
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CHRISTOPHER NGEI Vs REPUBLIC[2000] EKLR | ||
Case Number: crim app 104 of 99 | Date Delivered: 27 Nov 2000 |
Judge: John Wycliffe Mwera
Court: High Court at Machakos
Parties: CHRISTOPHER NGEI vs REPUBLIC
Advocates:
Citation: CHRISTOPHER NGEI vs REPUBLIC[2000] eKLR
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AZAD BADRUDIN KARA V EQUITORIAL COMMERCIAL BANK LIMITED [2000]eKLR | ||
Case Number: civ suit 574 of 00 | Date Delivered: 24 Nov 2000 |
Judge: Andrew Isaac Hayanga
Court: High Court at Mombasa
Parties: AZAD BADRUDIN KARA vs EQUITORIAL COMMERCIAL BANK LIMITED
Advocates:
Citation: AZAD BADRUDIN KARA v EQUITORIAL COMMERCIAL BANK LIMITED [2000]eKLR
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George Otieno Awino Vs Republic [2000] EKLR | ||
Case Number: Criminal Appeal 146 of 00 | Date Delivered: 24 Nov 2000 |
Judge: Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Bernard Chunga
Court: Court of Appeal at Nairobi
Parties: George Otieno Awino vs Republic
Advocates:
Citation: George Otieno Awino vs Republic [2000] eKLR
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William Onginjo Kanga V Erick Otieno Mawira [2000] EKLR | ||
Case Number: civ app 15 of 99 | Date Delivered: 24 Nov 2000 |
Judge: Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua
Court: Court of Appeal at Kisumu
Parties: William Onginjo Kanga v Erick Otieno Mawira
Advocates:
Citation: William Onginjo Kanga v Erick Otieno Mawira [2000] eKLR
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Joseph Ogero Obonyo V Thabiti Insurance Brokers Limited [2000]eKLR | ||
Case Number: civil misc appl 215 of 00 | Date Delivered: 24 Nov 2000 |
Judge: Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua
Court: Court of Appeal at Kisumu
Parties: Joseph Ogero Obonyo v Thabiti Insurance Brokers Limited
Advocates:
Citation: Joseph Ogero Obonyo v Thabiti Insurance Brokers Limited [2000]eKLR
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Dickson Samuel Odhiambo V Republic [2000] EKLR | ||
Case Number: crim app 148 of 00 | Date Delivered: 24 Nov 2000 |
Judge: Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha, Bernard Chunga
Court: Court of Appeal at Kisumu
Parties: Dickson Samuel Odhiambo v Republic
Advocates:
Citation: Dickson Samuel Odhiambo v Republic [2000] eKLR
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BHAVNABEN CHAMPAKBHAI LAD Vs HIRJI KERAI T/A HEER ENTERPRISES[2000]eKLR | ||
Case Number: civ case 2842 of 91 | Date Delivered: 23 Nov 2000 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Nairobi (Milimani Law Courts)
Parties: BHAVNABEN CHAMPAKBHAI LAD vs HIRJI KERAI T/A HEER ENTERPRISES
Advocates:
Citation: BHAVNABEN CHAMPAKBHAI LAD vs HIRJI KERAI T/A HEER ENTERPRISES[2000]eKLR
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Kirinyaga District Farmers Society V Kirinyaga District Cooperative Union Limited [2000] EKLR | ||
Case Number: Civil Case 226 of 2000 | Date Delivered: 23 Nov 2000 |
Judge: Peter John Hewett
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Kirinyaga District Farmers Society v Kirinyaga District Cooperative Union Limited
Advocates:
Citation: Kirinyaga District Farmers Society v Kirinyaga District Cooperative Union Limited [2000] eKLR
Kirinyaga District Farmers Society v Kirinyaga
District Cooperative Union Limited
High Court, at Nairobi November 23, 2000
Hewett J
Civil Case No 226 of 2000
Co-operative Societies – disputes between co-operative societies – whether the High Court has original jurisdiction in such disputes – meaning of “dispute” within the meaning of the Co-operative Societies Act.
Both the plaintiff and defendant were co-operative societies under the Co-operative Societies Act, No 12 of 1997. The plaintiff claimed from the defendant Kshs 19,759,303/-, interest and costs. On the plaintiff’s filing an application to enter judgment on admission or alternatively to strike out the defence and enter summary judgment, the defendant took a preliminary point that since the suit was between two co-operative societies, the Court had no jurisdiction under section 76 of the Act. It was argued that the proper forum was the Co-operatives Tribunal.
Held:
1. Rules of evidence do not necessarily apply to proceedings before the Co-operative Tribunal and the Tribunal can regulate its own procedure
2. The High Court of Kenya has, by section 81 of the Co-operative Societies Act, the appellate jurisdiction from a decision by the Tribunal and the High Court’s decision is final.
3. Mere refusal to pay upon a claim which is not really disputed does not necessarily give rise to a ‘dispute’ calling an arbitration clause into operation. It does not follow that Courts cannot be resorted to without previous recourse to arbitration to enforce a claim which is not disputed but which the trader merely persists in not paying.
Preliminary objection upheld, suit struck out.
Cases
1. Gatanga Coffee Growers Co-operative Society Ltd v Gitau [1970] EA 361
2. Lukenya Ranching & Farming Co-operative Society Ltd v Kavoloto [1970] EA 414
3. Njoroge, Ernest Muiruri & 2 others v Kabira Karanja & 4 others Civil Appeal No 114 of 1997
4. Kanguramai Farmers Co-op Society Ltd v Irati Farmers Co-op Society Ltd & another Civil Case No 1364 of 1999
5. Kandara Farmers Co-op Society & 9 others v Joseph Kanyua & 18 others Civil Case No 2646 of 1998
6. Geomax Consulting Engineers v KPT Civil Case No 1210 of 1996
7. London & North Western Railways v Jones [1915] 2 KB 35
Texts
Sutton, DSJ (Ed) Russel on Arbitration London: Sweet & Maxwell
Statutes
1. Co-operative Societies Act, 1997 (Act No 12 of 1997)
2. Co-operative Societies Act (cap 490) section 76, 77, 78, 81
3. Co-operative Societies Act [Uganda] sections 80(1)(2)
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Music Copyright Society Of Kenya Ltd V Parklands Shade Hotel Ltd T/a Klub House [2000] EKLR | ||
Case Number: Civil Suit 1458 of 2000 | Date Delivered: 23 Nov 2000 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Music Copyright Society of Kenya Ltd v Parklands Shade Hotel Ltd t/a Klub House
Advocates:
Citation: Music Copyright Society of Kenya Ltd v Parklands Shade Hotel Ltd t/a Klub House [2000] eKLR
Music Copyright Society of Kenya Ltd v Parklands Shade Hotel Ltd t/a Klub House
High Court, at Nairobi
November 23, 2000
Gacheche, Commissioner of Assize
Civil Suit No 1458 of 2000
Intellectual property – copyright – enforcement– injunction – applicable principles.
The Music Copyright Society of Kenya Ltd filed suit against the defendant praying for an injunction restraining it from playing music at its two premises in Nairobi without a license from it. It further prayed for damages for infringement of copyright and conversion together with costs and interest. It simultaneously filed an application under order XXXIX rule 2 & 3 of the Civil Procedure Rules seeking temporary restraining orders pending the hearing and determination of the suit. The basis of the application was that the defendant had unlawfully played through live band and recorded music the musical works of the plaintiff’s members, which was the subject of copyright, in flagrant disregard of the plaintiff’s members’ copyright in the said music. The defendant opposed the application on the ground that the plaintiff was not the sole licensing body of copyrights of all musical works in Kenya and further that the plaintiff would only enforce the copyright of musicians and artists who have in writing assigned them the rights to that copyright, and this would thus not apply to all musicians generally. The defence also argued that it had freely negotiated and entered into contracts with live band performing musicians whose services it had paid for directly.
Held:
1. Normally, the author of the music, that is, one who actually writes, compiles or composes it, is the first owner of the copyright. However, a copyright can be transferred by assignment in writing signed by the owner of the right or by his duly authorized agent.
2. The general principles upon which injunctions are granted for protection of copyright do not differ from those upon which they are granted for the protection of other property.
3. The plaintiff had not established a prima facie case with a probability of success and any damage it stood to suffer would be easily assessed. On the other hand, the defendant stood to suffer irreparable harm if the orders sought were granted.
Cases
No cases referred to.
Statutes
1. Civil Procedure Rules (cap 21 Sub Leg) order XXXIX rules 2, 3
2. Copyright Act (cap 130) sections 8, 16
Advocates
Mr Imbeti for the Defendant
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