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SUNFLAG TEXTILE AND KNITWEAR MILLS LIMITED V GEOFREY WACHIRA MAHINDA & 2 Others [2006] EKLR
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Case Number: Civil Suit 24 of 2000 |
Date Delivered: 15 Jun 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: SUNFLAG TEXTILE AND KNITWEAR MILLS LIMITED v GEOFREY WACHIRA MAHINDA, LOISE WANJIRU T/A NYERI FAMILY WEAR & CHRISTOPHER MAHINDA
Advocates:
Citation: SUNFLAG TEXTILE AND KNITWEAR MILLS LIMITED v GEOFREY WACHIRA MAHINDA & 2 others [2006] eKLR
[Ruling] Civil Practice and Procedure - review - application for review of a court order - grounds: that there was an error apparent on the face of the record - application relating to a matter of interpretation and application of the rule to facts and findings by a Judge - whether the proper procedure would have been for the applicant to file an appeal - Civil Procedure Rules Order 21 rule 18(1)
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SAMMY MUHIA & OTHERS V K.P.L. CO., LTD [2006] EKLR
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Case Number: Civil Case 620 of 2004 |
Date Delivered: 15 Jun 2006 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SAMMY MUHIA & OTHERS v K.P.L. CO., LTD
Advocates:
Citation: SAMMY MUHIA & OTHERS v K.P.L. CO., LTD [2006] eKLR
Labour Law-terms of employment-where the plaintiffs were given short term contracts that were renewable indefinitely by the defendant-whether such contracts are legal-whether the failure of the defendant to grant the plaintiffs contracts on permanent and pensionable terms like other employees amounts to discriminatory treatment in breach of Section 82 of the Constitutio
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BONIFACE KAMAU V JUSTUS MATHENGE [2006] EKLR
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Case Number: Civil Case 930 of 1985 |
Date Delivered: 15 Jun 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: BONIFACE KAMAU v JUSTUS MATHENGE
Advocates:
Citation: BONIFACE KAMAU v JUSTUS MATHENGE [2006] eKLR
[RULING] Appeal-stay of execution pending appeal-factors determining the grant of stay
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TABITHA CIORUI KAMUCHERE V GATIMU MARINGA & Another [2006] EKLR
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Case Number: Civil Case 201 of 1996 |
Date Delivered: 15 Jun 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: TABITHA CIORUI KAMUCHERE v GATIMU MARINGA & PHILIP MARINGA NDUGUTU
Advocates:
Citation: TABITHA CIORUI KAMUCHERE v GATIMU MARINGA & another [2006] eKLR
[Ruling] Civil Practice and Procedure - arbitration - reference of an award back to arbitration where it omits to consider a matter referred to arbitration - judgment entered in terms of the award of the arbitrator - application made to have the award remitted back to the arbitrators for determination of payment of costs - applicant arguing that the arbitrator had overlooked the issue of making an award for costs - whether the award could be referred back at that stage - Civil Procedure Rules Order 45 rules 15, 16
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JONES MURIITHI MATHENGE V BENJAMIN KIRIMI INOTI [2006] EKLR]
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Case Number: Misc Appli 76 of 2006 |
Date Delivered: 15 Jun 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: JONES MURIITHI MATHENGE v BENJAMIN KIRIMI INOTI
Advocates:
Citation: JONES MURIITHI MATHENGE v BENJAMIN KIRIMI INOTI [2006] eKLR]
[Ruling] – CIVIL PRACTICE AND PROCEDURE - suit – appeal out of time – application for – applicant sought leave of court to appeal out of time – where the delay was occasioned by the court – factors the court considers in such applications – validity of order
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REPUBLIC V REGISTRAR OF CO-OPERATIVE SOCIETIES & Another Ex-parte THIRIKU COFFEE GROWERS CO-OP SOCIETY LTD & 6 Others [2006] EKLR
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Case Number: Misc Appli 153 of 2004 |
Date Delivered: 15 Jun 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: REPUBLIC v REGISTRAR OF CO-OPERATIVE SOCIETIES & another Ex-parte THIRIKU COFFEE GROWERS CO-OP SOCIETY LTD, WACHURI FARMERS CO-OP SOCIETY LTD, GATHAITHI FARMERS CO-OP SOCIETY LTD, GACHATHA FARMERS CO-OP SOCIETY LTD & 3 others
Advocates:
Citation: REPUBLIC v REGISTRAR OF CO-OPERATIVE SOCIETIES & another Ex-parte THIRIKU COFFEE GROWERS CO-OP SOCIETY LTD & 6 others [2006] eKLR
[Ruling] – JUDICIAL review – application for- where the applicant sought orders of certiorari prohibition and mandamus pursuant to leave that was granted previously – where the application was unopposed – applicable principles – validity of order - Civil Procedure Rules Rule 53 (1)
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RICHMOND WANJARIA KARIUKI V PERIS WANJIKU KARIUKI [2006] EKLR
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Case Number: Succession Cause 290A of 1997 |
Date Delivered: 15 Jun 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: RICHMOND WANJARIA KARIUKI v PERIS WANJIKU KARIUKI
Advocates:
Citation: RICHMOND WANJARIA KARIUKI v PERIS WANJIKU KARIUKI [2006] eKLR
[Ruling] - SUCCSESSION - probate and administration grant of letters of administration revocation of application for where the applicants were not happy with the mode of distribution of the property applicant delayed I bringing the application effect of factors the court considers in such applications validity of order Probate and Administration Rules, rule 73
INJUNCTION temporary injunction application for applicant sought to restrain the respondent from distributing the suit property where the respondent id the mother of the applicant applicable principles whether the applicant established a prima facie case
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JACOB KIPRONO MAIYO & 2 Others V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 44 of 2004 |
Date Delivered: 15 Jun 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: JACOB KIPRONO MAIYO, FRANCIS KARANJA NJUGUNA & MUNGA MUNGUTHU v REPUBLIC
Advocates:
Citation: JACOB KIPRONO MAIYO & 2 others v REPUBLIC [2006] eKLR
Criminal Practice and Procedure-prosecution-where the prosecution was conducted by an unqualified prosecutor-validity of the prosecution-Criminal Procedure Code (cap. 75), Section 85
Criminal Practice and Procedure-retrial-factors that will determine the courts issuance of retrial orders
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FRANCIS MWANGI & 2 Others V MURIITHI GACHEWA [2006] EKLR
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Case Number: Civil Appeal 139 of 1993 |
Date Delivered: 15 Jun 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: FRANCIS MWANGI, MIRIITHI NGARI & SAMUEL MUCHIRI v MURIITHI GACHEWA
Advocates:
Citation: FRANCIS MWANGI & 2 others v MURIITHI GACHEWA [2006] eKLR
INJUNCTION – temporary injunction – application for – applicant sought to restrain the respondent from interfering with the suit property – where the appellant was the registered owner of the property – applicable principles – whether the appellant established a prima facie case
LAND – boundary dispute – the dispute had already been adjudicated upon by the land registrar – where the registrar did not rely on surveyors in reaching his decision – effect of – whether the decision of the land registrar can be interfered with by the court - Registered Land Act (Cap 300) 21 (1)
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JOSEPH NDERITU IHUTHIA V JASON ISIAGA ALIMASA [2006] EKLR
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Case Number: Civil Appeal 52 of 2000 |
Date Delivered: 15 Jun 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: JOSEPH NDERITU IHUTHIA v JASON ISIAGA ALIMASA
Advocates:
Citation: JOSEPH NDERITU IHUTHIA v JASON ISIAGA ALIMASA [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - suit – abatement of – application for – where the respondent in the suit passed way – effect of – factors the court considers in such applications – validity of order - Civil Procedure Rules Order 41 rule 31
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