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In Re Dogra Engineering Co Ltd [2006] EKLR
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Case Number: Winding Up Cause 2 of 2006 |
Date Delivered: 05 May 2006 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: In Re Dogra Engineering Co Ltd
Advocates:
Citation: In Re Dogra Engineering Co Ltd [2006] eKLR
COMPANY LAW – winding up – winding up by petitioner – delay in filing opposing affidavit – application for extension of time – factors to be considered by court when extending time – The Companies (Winding Up) Rules, Rules 7 and 203, The Civil Procedure Rules Order XLIX Rule 5.
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D M G V Republic [2006] EKLR
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Case Number: Criminal Appeal 74 of 1991 |
Date Delivered: 05 May 2006 |
Judge: Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: D M G v Republic
Advocates:
Citation: D M G v Republic [2006] eKLR
Criminal law – murder – deceased boy of five found dead immersed headlong in a water tank – deceased having last been seen with his father, the accused – accused stating that the deceased had drowned while attempting to retrieve an item from the water tank – allegation that the accused had killed the deceased in order to benefit from an accident insurance policy in which the accused was the sole beneficiary - medical evidence adduced that the deceased’s death was consistent with both assault and drowning - High Court finding on circumstantial evidence that the accused was guilty of murder – sentence of death – appeal – re-evaluation and analysis of evidence by a first appellate court - Penal Code sections 203, 204
Evidence – circumstantial evidence – test to be applied by the court in case depending entirely in circumstantial evidence –witnesses – duty of the prosecution to call witnesses – inference that the court may make where the prosecution fails to call certain witnesses
Evidence – burden of proof – party on whom the burden of proof falls in criminal cases - circumstances in which the burden of proof may be shifted to the accused – accused person being the last to be seen with the deceased before his death – whether the circumstances surrounding the death of the deceased were matters peculiarly within the knowledge of the deceased – whether the burden fell on the accused to explain the death of the deceased - Evidence Act section 111
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REPUBLIC V REGISTRATION OF ACCOUNTANTS BOARD Ex-parte MOHAMED A.G. RASOOL [2006] EKLR
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Case Number: Misc Appli 180 of 2004 |
Date Delivered: 05 May 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v REGISTRATION OF ACCOUNTANTS BOARD Ex-parte MOHAMED A.G. RASOOL
Advocates:
Citation: REPUBLIC v REGISTRATION OF ACCOUNTANTS BOARD Ex-parte MOHAMED A.G. RASOOL [2006] eKLR
[Ruling] – JUDICIAL REVIEW – application for- where the applicant sought orders of certiorari to remove a high court decision of the registration of accountant’s board – where the board had denied the applicant a practicing certificate without reason – applicable principles – validity of order
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REPUBLIC V PERMANENT SECRETARY PROVINCIAL AND INTERNAL SECURITY [2006] EKLR
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Case Number: Misc Appli 289 of 2005 |
Date Delivered: 05 May 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: REPUBLIC v PERMANENT SECRETARY PROVINCIAL AND INTERNAL SECURITY
Advocates:
Citation: REPUBLIC v PERMANENT SECRETARY PROVINCIAL AND INTERNAL SECURITY [2006] eKLR
[RULING] Judicial Review-mandamus-principles under which the courts can issue an order of mandamus
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JOHN K. LOKORIO V LEONARD WANYAMA AND 8 OTHERS [2006] EKLR
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Case Number: Civil Suit 19 of 2006 |
Date Delivered: 05 May 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: JOHN K. LOKORIO v LEONARD WANYAMA AND 8 OTHERS
Advocates:
Citation: JOHN K. LOKORIO v LEONARD WANYAMA AND 8 OTHERS [2006] eKLR
[Ruling] Injunction - interlocutory injunction - land dispute - injunction sought to restrain the respondents from interfering with the applicant's peaceful enjoyment of a disputed land pending the hearing and determination of the suit - respondents pleading misrepresentation, fraud and misuse of office by the applicant in acquiring title to the land - whether an injunction should issue - consideration of the balance of convenience - whether the proper order to make would be for the status quo to be maintained.
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EZEKIEL MEMUSI KEYA V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 933 of 2003 |
Date Delivered: 05 May 2006 |
Judge: Jessie Wanjiku Lesiit, Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: EZEKIEL MEMUSI KEYA v REPUBLIC
Advocates:
Citation: EZEKIEL MEMUSI KEYA v REPUBLIC [2006] eKLR
Evidence-identification-light-factors the court should consider in deciding whether the light was sufficient to make positive identification
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JAMES NJUGUNA NJOROGE V BUTULI HASSAN [2006] EKLR
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Case Number: Civil Suit 125 of 2006 |
Date Delivered: 05 May 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JAMES NJUGUNA NJOROGE v BUTULI HASSAN
Advocates:
Citation: JAMES NJUGUNA NJOROGE v BUTULI HASSAN [2006] eKLR
[Ruling] – INJUNCTION – temporary injunction – application to restrain the respondent from transacting in the suit property – where the applicant and respondent had entered into a transaction to transfer the land – applicable principles – whether the applicant established a prima facie case
LAND – caveat – application for a temporary order barring any registration to the suit property – factors court takes into consideration when granting such orders - Registered Land Act Section 128
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REPUBLIC V DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMET & ANOTHER [2006] EKLR
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Case Number: Misc Appli 621 of 2005 |
Date Delivered: 05 May 2006 |
Judge: Joseph Gregory Nyamu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMET & ATTORNEY GENERAL
Advocates:
Citation: REPUBLIC v DIRECTOR OF CRIMINAL INVESTIGATIONS DEPARTMET & ANOTHER [2006] eKLR
[RULING] Civil Practice and Procedure-suit-setting aside-where the orders obtained only restrained the institution of judicial review proceedings and the proceedings have been instituted-validity of the application
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NATIONAL BANK OF KENYA LIMITED V SHEM SANYA BALONGO [2006] EKLR
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Case Number: Civil Case 30 of 2002 |
Date Delivered: 04 May 2006 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: NATIONAL BANK OF KENYA LIMITED v SHEM SANYA BALONGO
Advocates:
Citation: NATIONAL BANK OF KENYA LIMITED v SHEM SANYA BALONGO [2006] eKLR
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Catherine C Kitony V Jonathan Muindi Dome & 2 Others [2006] EKLR
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Case Number: Civil Suit 40 of 2005 |
Date Delivered: 04 May 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Catherine C Kitony v Jonathan Muindi Dome,Kapsaret Divisional Land Disputes Tribunal & Attorney General
Advocates:
Citation: Catherine C Kitony v Jonathan Muindi Dome & 2 others [2006] eKLR
[RULING] Land-title-whether a Land Disputes Tribunal has the jurisdiction to determine disputes over registered land
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