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Benjamin Kiiru Wanjau V Samuel Nelson Mwangi Wanjau & Another [2007] EKLR
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Case Number: Civil Appeal 161 of 2003 |
Date Delivered: 09 Feb 2007 |
Judge: Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Benjamin Kiiru Wanjau v Samuel Nelson Mwangi Wanjau & another
Advocates:
Citation: Benjamin Kiiru Wanjau v Samuel Nelson Mwangi Wanjau & another [2007] eKLR
Civil Law-appeal-appeal against the decision of the court to dismiss the application for review by the appellant-dispute involving land-where the applicant had been dissatisfied by the court's refusal to set aside an award given by a land tribunal-application for review of that decision being dismissed on grounds that the Judge erred in fact and law in finding that the matter was referred to the Land Dispute Tribunal under the Civil Procedure Rules-whether the applicant's grounds of appeal conformed with the provisions of the Court of Appeal Rules-Court of Appeal Rules rule 84(1); Civil Procedure Rules Order 45
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Margaret Mumbi Kagiri V Kagiri Wamairwe & 3 Others [2007] EKLR
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Case Number: Civil Appeal 181 of 2002 |
Date Delivered: 09 Feb 2007 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Margaret Mumbi Kagiri v Kagiri Wamairwe & 3 others
Advocates:
Citation: Margaret Mumbi Kagiri v Kagiri Wamairwe & 3 others [2007] eKLR
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REPUBLIC V KENYA REVENUE AUTHORITY Exparte SIMBA COMMODITIES LIMITED [2007] EKLR
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Case Number: Misc Civ Case 1064 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: REPUBLIC v KENYA REVENUE AUTHORITY Exparte SIMBA COMMODITIES LIMITED
Advocates:
Citation: REPUBLIC v KENYA REVENUE AUTHORITY Exparte SIMBA COMMODITIES LIMITED [2007] eKLR
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SAID ABDALLA BUDZO & 36 OTHERS V TIOMIN (K) LIMITED & ANOTHER [2007] EKLR
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Case Number: Civil Case 31 of 2004 |
Date Delivered: 09 Feb 2007 |
Judge: Leonard Njagi
Court: High Court at Mombasa
Parties: SAID ABDALLA BUDZO, MASUDI TSUMO KHAMISI, SALIM ALI MWAKUKANA, RAMADHAN MOHAMED MWAMGUNO (suing on their own behalf and on behalf of the below named members of the Avirizi, Achina-Uchi and Achina Ngala clans), KASSIM MASUDI NGOCHO, MWALIMU ATHU
Advocates:
Citation: SAID ABDALLA BUDZO & 36 OTHERS v TIOMIN (K) LIMITED & ANOTHER [2007] eKLR
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Batholomew Kagwiria Nchebere V Republic [2007] EKLR
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Case Number: Criminal Appeal 17 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nyeri
Parties: Batholomew Kagwiria Nchebere v Republic
Advocates:
Citation: Batholomew Kagwiria Nchebere v Republic [2007] eKLR
Criminal law - robbery with violence - second appeal against conviction and sentence of death - trial court and first appellate court finding that the appellant had violently robbed the complainant of a motor vehicle - appellant's conviction based on evidence of recent possession of stolen property - whether there was sufficient evidence to support the conviction of the appellant - Penal Code section 296(2)
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Augustine Mwenda Kiama V Republic[2007] EKLR
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Case Number: Criminal Appeal 137 of 2003 |
Date Delivered: 09 Feb 2007 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Augustine Mwenda Kiama v Republic
Advocates:
Citation: Augustine Mwenda Kiama v Republic[2007] eKLR
Criminal practice and procedure-robbery with violence-second appeal against conviction and sentence to death –second appeal restricted to matters of law.
Evidence-identification evidence-whether circumstantial evidence coupled with evidence of identification was sufficient to secure a conviction.
Criminal practice and procedure-sentencing-death sentence-where an accused person is convicted on more than one capital charge-proper practice is to sentence the person to death on only one count and the others in abeyance ,including any sentence of imprisonment-Penal code section 296 (2).
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SALIM ALI RINGI V DIAMOND TRUST BANK LIMITED [2007] EKLR
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Case Number: Misc Civ Appli 575 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: SALIM ALI RINGI v DIAMOND TRUST BANK LIMITED
Advocates:
Citation: SALIM ALI RINGI v DIAMOND TRUST BANK LIMITED [2007] eKLR
[Ruling] Civil Law transfer of suit- application for the transfer of Suit from the Chief Magistrates court at Milimani, Nairobi to the Chief Magistrates Court at Mombasa for hearing and final disposal where the defendant argued that the contract was performed in Nairobi and the applicant admitted in his defence that the court at Nairobi had jurisdiction - case parties cannot even by consent give to the court jurisdiction which it does not have-whether the application could be allowed- Sections 3A, 15, 17 and 18 of the civil Procedure Act
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WILSON NGUNJIRI KIRUTHI & ANOTHER V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 95 & 96 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: WILSON NGUNJIRI KIRUTHI & ANOTHER v REPUBLIC
Advocates:
Citation: WILSON NGUNJIRI KIRUTHI & ANOTHER v REPUBLIC [2007] eKLR
Evidence-burden of proof-where the investigating officer reached the conclusion that the appellants were the thieves unless they gave an explanation to the contrary-whether such conclusion was legal and in line with the required standard of proof beyond reasonable doubt-validity of conviction of the appellants based not on the evidence adduced by the prosecution witnesses but rather based on his assessment of the failure by the appellants to explain their whereabouts when the theft occurred
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SALIM ALI RINGI V DIAMOND TRUST BANK LIMITED [2007] EKLR
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Case Number: Misc Civil Appli 575 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: SALIM ALI RINGI v DIAMOND TRUST BANK LIMITED
Advocates:
Citation: SALIM ALI RINGI v DIAMOND TRUST BANK LIMITED [2007] eKLR
[Ruling] Civil Law transfer of suit- application for the transfer of Suit from the Chief Magistrates court at Milimani, Nairobi to the Chief Magistrates Court at Mombasa for hearing and final disposal where the defendant argued that the contract was performed in Nairobi and the applicant admitted in his defence that the court at Nairobi had jurisdiction - case parties cannot even by consent give to the court jurisdiction which it does not have-whether the application could be allowed- Sections 3A, 15, 17 and 18 of the civil Procedure Act
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KABUNDU HOLDINGS LIMITED V ALI K. MOHAMED T/A SKY CLUB RESTAURANT [2007] EKLR
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Case Number: Civil Appli 59 of 2006 |
Date Delivered: 09 Feb 2007 |
Judge: Philip Kiptoo Tunoi, John walter Onyango Otieno, William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: KABUNDU HOLDINGS LIMITED v ALI K. MOHAMED T/A SKY CLUB RESTAURANT
Advocates:
Citation: KABUNDU HOLDINGS LIMITED v ALI K. MOHAMED T/A SKY CLUB RESTAURANT [2007] eKLR
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