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GEOFFREY CHEGE MWANGI V REPUBLIC [2007] EKLR
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Case Number: Criminal Appeal 384 of 2002 |
Date Delivered: 15 Mar 2007 |
Judge: Martha Karambu Koome, Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: GEOFFREY CHEGE MWANGI v REPUBLIC
Advocates:
Citation: GEOFFREY CHEGE MWANGI v REPUBLIC [2007] eKLR
Criminal Practice and Procedure- Robbery with violence appeal against conviction and sentence-appellant convicted and sentenced to death-appeal on the ground that the identification was flawed- that the evidence by the prosecution witnesses was contradictory and appellants defence was not taken into account - duty of the first appellate court to re-evaluate and reconsider the entire evidence and arrive at its own independent determination on whether to uphold the conviction- where due to contact between the complainants and the appellant during the arrest, it was not necessary to have an identification parade-the trial magistrate sufficiently cautioned herself while dealing with the evidence of identification-where there was corroboration by another witness- defence offered by the appellant did not shake the strong prosecutions case-whether the appeal was merited -Section 296 (2) of the Penal Code
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LUCKY SUMMER ESTATE LIMITED V KARIUKI & GATHECHA RESOURCES LTD & Another [2007] EKLR
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Case Number: Civil Case 1298 of 2006 |
Date Delivered: 15 Mar 2007 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: LUCKY SUMMER ESTATE LIMITED v KARIUKI & GATHECHA RESOURCES LTD &
STEPHEN NYAMU T/A LIFELINE TRADERS
Advocates:
Citation: LUCKY SUMMER ESTATE LIMITED v KARIUKI & GATHECHA RESOURCES LTD & another [2007] eKLR
[Ruling] - CIVIL PRACTICE AND PROCEDURE preliminary objection-where the was an application for stay of proceedings of the suit pending the hearing and final determination of the Winding Up Cause-where the respondent objected to the application on a point of law on the ground that the Winding Up Order had not been made nor a liquidator appointed and that the applicant had no capacity to bring the application-whether the preliminary objection was on a point of law whether the objection was properly raised-Order 6 Rule 13 (1) (b) ( c) and (d), Order 39 Rule 4 of the Civil Procedure Rules and Section 223 of the Companies Act Cap 486
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JOSEPH KARIUKI & 3 OTHERS V MIHIRIGA KENDA KIRINYAGA DISTRICT [2007] EKLR
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Case Number: HC.CIV. APPEAL 52 OF 2003 |
Date Delivered: 15 Mar 2007 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Embu
Parties: JOSEPH KARIUKI, BERNARD MBUGUA KIMANI, KARIUKI MUGASI AND BENSON GICOBI v MIHIRIGA KENDA KIRINYAGA DISTRICT
Advocates:
Citation: JOSEPH KARIUKI & 3 OTHERS v MIHIRIGA KENDA KIRINYAGA DISTRICT [2007] eKLR
Land Law-appeal-an appeal from the lower court- where the trial magistrate had issued an order to restrain the Appellants from committing acts of waste, building permanent structures and disturbing status quo pending the hearing of an appeal-where the proceedings were being conducted as provided for the under land Disputes Tribunal Act –where the procedure of conducting such disputes was set out under that Land Disputes Tribunal Act –whether the appeal was merited
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REPUBLIC V MINISTER FOR AGRICULTURE [2007] EKLR
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Case Number: Misc Civ Appli 83 of 2006 |
Date Delivered: 15 Mar 2007 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Embu
Parties: REPUBLIC v MINISTER FOR AGRICULTURE
Advocates:
Citation: REPUBLIC v MINISTER FOR AGRICULTURE [2007] eKLR
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MATEX COMMERCIAL SUPPLIES LIMITED & Another V EURO BANK LIMITED (IN LIQUIDATION) [2007] EKLR
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Case Number: Civil Case 82 of 2006 |
Date Delivered: 15 Mar 2007 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: MATEX COMMERCIAL SUPPLIES LIMITED & another v EURO BANK LIMITED (IN LIQUIDATION)
Advocates:
Citation: MATEX COMMERCIAL SUPPLIES LIMITED & another v EURO BANK LIMITED (IN LIQUIDATION) [2007] eKLR
[Ruling] Civil practice and procedure-injunction-application for temporary injunction restraining the defendant from interfering in any manner with the suit property pending hearing and determination of suit-whether the applcation had merit-Civil Procedure Rules Order 39 rules 1 (a) (b), 2, 3
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BAKERY, CONFECTIONERY, MANUFACTURING & ALLIED WORKERS’ UNION V MILL BAKERS LTD [2007] EKLR
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Case Number: Cause 29 of 2006 |
Date Delivered: 15 Mar 2007 |
Judge: Charles Pius Chemuttut
Court: Employment and Labour Relations Court at Nairobi
Parties: BAKERY, CONFECTIONERY, MANUFACTURING & ALLIED WORKERS’ UNION v MILL BAKERS LTD
Advocates:
Citation: BAKERY, CONFECTIONERY, MANUFACTURING & ALLIED WORKERS’ UNION v MILL BAKERS LTD [2007] eKLR
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GUCOKANIRIRIA KIHATO TRADERS V ATTORNEY GENERAL [2007] EKLR
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Case Number: Civil Suit 1251 of 2002 |
Date Delivered: 15 Mar 2007 |
Judge: Daniel Kennedy Sultani Aganyanya
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GUCOKANIRIRIA KIHATO TRADERS v ATTORNEY GENERAL
Advocates:
Citation: GUCOKANIRIRIA KIHATO TRADERS v ATTORNEY GENERAL [2007] eKLR
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MAGITUANITEKI SELF GROUP V BONIFACE NJIRU T/A NJIRU BONIFACE & CO. ADVOCATES & KENDONG RANCH LTD [2007] EKLR
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Case Number: Civil Case 240 of 2006 |
Date Delivered: 15 Mar 2007 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MAGITUANITEKI SELF GROUP v BONIFACE NJIRU T/A NJIRU BONIFACE & CO.
ADVOCATES & KENDONG RANCH LTD
Advocates:
Citation: MAGITUANITEKI SELF GROUP v BONIFACE NJIRU T/A NJIRU BONIFACE & CO. ADVOCATES & KENDONG RANCH LTD [2007] eKLR
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GUCOKANIRIRIA KIHATO TRADERS V THE HON. THE ATTORNEY GENERAL [2007] EKLR
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Case Number: Civil Suit 1251 of 2002 |
Date Delivered: 15 Mar 2007 |
Judge: Daniel Kennedy Sultani Aganyanya
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GUCOKANIRIRIA KIHATO TRADERS v THE HON. THE ATTORNEY GENERAL
Advocates:
Citation: GUCOKANIRIRIA KIHATO TRADERS v THE HON. THE ATTORNEY GENERAL [2007] eKLR
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ANTONY MUTURA NJAU V SIMON NJAU & ANOTHER [2007] EKLR
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Case Number: Civil Appeal 291 of 2004 |
Date Delivered: 15 Mar 2007 |
Judge: O.K. MUTUNGI
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ANTONY MUTURA NJAU v SIMON NJAU & ANOTHER
Advocates:
Citation: ANTONY MUTURA NJAU v SIMON NJAU & ANOTHER [2007] eKLR
[Ruling]-CIVIL PRACTICE AND PROCEDURE-execution-stay of execution-application to stay an execution and lift orders for arrest pending the determination of the appeal-grounds-where he applicant contends that the application for a warrant of arrest was filed by a stranger as the advocate was not on the record-effect of-rules of procedure when effecting a change of advocate-applicable principles-whether the respondent followed the correct procedure in effecting change of advocate - Civil Procedure Rules Order 41 r. 4; Civil Procedure Rules Order 3 rule 9A |
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