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Charles Thys V Herman Steyn [2006] EKLR
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Case Number: Civil Suit 1508 of 1984 |
Date Delivered: 09 Jun 2006 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Charles Thys v Herman Steyn
Advocates:
Citation: Charles Thys v Herman Steyn [2006] eKLR
[Ruling] Civil Practice and Procedure - execution - stay of execution - application for stay pending the examination of the judgment debtor and pending the determination of the decretal amount with interest - expressions of foreign currency in a court judgment/decree - judgment debtor electing to execute upon a decretal amount/interest based on foreign currency, United States Dollars - determination of the interest on a dollar decretal amount - matters the court will consider in deciding whether to allow a judgment debtor to rely on foreign currency expressions of the decretal amount/interest- Civil Procedure Act sections 3A, 34(1) & 63(e); Civil Procedure Rules Order 21 rules 18(1)(a), 19(2), 32(1), 35; Order 50 rule 1
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Jasbir Singh Rai & 3 Others V Tarlochan Singh Rai & 4 Others [2006] EKLR
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Case Number: Civil Appli 307 of 2003 |
Date Delivered: 09 Jun 2006 |
Judge: Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Jasbir Singh Rai, Iqbal Singh Rai, Daljit Kaur Hans & Sarjit Kaur Rai v Tarlochan Singh Rai, Jaswant Singh Rai Sarbjit Singh Rai, Rai Plywood (Kenya) Limited & Satjit Singh & Ram Singh (Estate Of)
Advocates:
Citation: Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 4 others [2006] eKLR
[Order] Civil Practice and Procedure – appeal – record of appeal – expunging of documents from a record of appeal – expunging of notice of appointment of advocate and an affidavit – documents expunged – reasons for the decision reserved for the final ruling.
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Nation Media Group Limited & 2 Others V John Joseph Kamotho & 3 Others [2006] EKLR
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Case Number: Civil Appli 108 of 2006 |
Date Delivered: 09 Jun 2006 |
Judge: Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: Nation Media Group Limited, Mutegi Njau & Bob Kioko v John Joseph Kamotho, Charles Githii Kamotho, James Kamotho & David Kamotho
Advocates:
Citation: Nation Media Group Limited & 2 others v John Joseph Kamotho & 3 others [2006] eKLR
[Ruling] Civil Practice and Procedure – appeal – stay of execution – application for stay of execution of a judgment and decree pending appeal – applicants intending to appeal against an award of damages for defamation made against them – nature of the jurisdiction of the Court of Appeal to grant a stay of execution – principles upon which that jurisdiction is exercised – whether the jurisdiction extends to cases where the appeal is against a monetary decree – matters the Court will consider - Court of Appeal Rules rule 5(2)(b)
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WANG’UHU NG’ANG’A V GEORGE NTHENGE & 3 Others [2006] EKLR
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Case Number: Civil Suit 712 of 2005 |
Date Delivered: 09 Jun 2006 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WANG’UHU NG’ANG’A v GEORGE NTHENGE, AUGUSTINE NJERU KATHANGU, ISAAK DAHIR & FORUM FOR THE RESTORATION OF DEMOCRACY
Advocates:
Citation: WANG’UHU NG’ANG’A v GEORGE NTHENGE & 3 others [2006] eKLR
[Ruling] Injunction - interlocutory injunction - injunction sought to restrain the defendants from holding an Annual Delegates Conference for a political party, FORD Asili pending the hearing and determination of a suit - grounds: that the proposed meeting was contrary to the constitution of the party - whether there was an injury likely to be suffered by the applicant which could not be recompensed by way of damages and which needed to be prevented by an interlocutory remedy - consideration of the balance of convenience - whether the main suit had a high probability of success - Civil Procedure Rules Order 39 rule 2
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MARY WAIRIMU NDIRANGU V GERALD THUKU & Another [2006] EKLR
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Case Number: Civil Case 2895 of 1991 |
Date Delivered: 09 Jun 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MARY WAIRIMU NDIRANGU v GERALD THUKU & KENYA TEA DEVELOPMENT AAUTHORITY LTD
Advocates:
Citation: MARY WAIRIMU NDIRANGU v GERALD THUKU & another [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - suit – dismissal of – application for- applicant sought orders for the dismissal of the respondents suit for want of prosecution – where the plaintiff has not taken steps to prosecute the suit for over fifteen years – effect of – factors the court considers in such applications – validity of order – Civil Procedure Act (Cap. 21) section 3A; Civil procedure Rules Order 50 Rule 1
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REPUBLIC V ATTORNEY-GENERAL & 3 Others Ex-parte MAITHYA MUVIWA & Another [2006] EKLR
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Case Number: Misc Appli 48 of 2005 |
Date Delivered: 09 Jun 2006 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v ATTORNEY-GENERAL, DISTRICT COMMISSIONER KITUI DISTRICT, PERMANENT SECRETARY MINISTRY OF LANDS AND HOUSING & KITHUVA KILIKU & BROTHERS Ex-parte MAITHYA MUVIWA & MALOMBE MUVIWA
Advocates:
Citation: REPUBLIC v ATTORNEY-GENERAL & 3 others Ex-parte MAITHYA MUVIWA & another [2006] eKLR
Judicial review – mandamus– application to compel the respondent to remove and withdraw the restriction registered on the suit land - The Civil Procedure Rules, Order 53.
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ROBERT MWAURA & 299 Others V MOSES CHEPKWONY & 5 OTHERS [2006] EKLR
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Case Number: Civil Case 523 of 2001 |
Date Delivered: 09 Jun 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ROBERT MWAURA & 299 others v MOSES CHEPKWONY & 5 OTHERS
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Citation: ROBERT MWAURA & 299 others v MOSES CHEPKWONY & 5 OTHERS [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - pleadings – striking out – application for – where the plaint did not comply wit the mandatory provisions of the law – effect of – factors the court considers in such applications – validity of order - Civil Procedure Rules Order 6 Rule (1) (e)
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In Re L S (Child) [2006] EKLR
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Case Number: Adoption Cause 104 of 2005 |
Date Delivered: 09 Jun 2006 |
Judge: Kalpana Hasmukhrai Rawal
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re L S (Child) [2006] eKLR
Advocates:
Citation: In Re L S (Child) [2006] eKLR
FAMILY LAW – adoption – petition for – where the parents have demonstrated a capability to maintain the child – factors the court considers in such applications – validity of order
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Mwaniki & 2 Others V Gicheha & 3 Others (2006) 1KLR (E&L)
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Case Number: Civil Case 313 of 2000 |
Date Delivered: 09 Jun 2006 |
Judge: Joyce Adhiambo Aluoch
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mwaniki & 2 others v Gicheha & 3 others
Advocates:
Citation: Mwaniki & 2 others v Gicheha & 3 others (2006) 1KLR (E&L)
Locus standi - right to a clean and healthy environment – whether complainants who are not land owners have a right to commence action in the High Court to enforce their rights – provision of section 3(3) of the Environmental Management and Coordination Act, 1999.
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REPUBLIC V CHIEF MAGISTRATE’S COURT AT NAIROBI [2006] EKLR
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Case Number: Misc Civ Appli 1071 & 1056 of 2004 |
Date Delivered: 09 Jun 2006 |
Judge: Joseph Gregory Nyamu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v CHIEF MAGISTRATE’S COURT AT NAIROBI
Advocates:
Citation: REPUBLIC v CHIEF MAGISTRATE’S COURT AT NAIROBI [2006] eKLR
Judicial review – prohibition – application to set aside order granting leave and stay – appointment of an advocate to act as a public prosecutor on behalf of the Attorney General - preliminary objection that the application was fatally defective because it was filed by an advocate who was not instructed to defend the state in judicial review proceedings – whether the Attorney-General had acted ultra vires – The Criminal Procedure Code, s 85 and The Constitution, s. 26.
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