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KENYA PLANTERS CO-OPERATIVE UNION LTD V MACHROSE FLORA LIMITED [2006] EKLR
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Case Number: Civil Suit 105 of 2005 |
Date Delivered: 12 May 2006 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KENYA PLANTERS CO-OPERATIVE UNION LTD v MACHROSE FLORA LIMITED
Advocates:
Citation: KENYA PLANTERS CO-OPERATIVE UNION LTD v MACHROSE FLORA LIMITED [2006] eKLR
[RULING] Civil Practice and Procedure-defence-where the defendant makes only bare assertions in their pleadings-validity of the defence
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INVESCO ASSURANCE CO. LTD & Another V JACINTA KOKI MUSUMBI & 29 Others [2006] EKLR
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Case Number: Civil Suit 19 of 2006 |
Date Delivered: 12 May 2006 |
Judge: David Anasi Onyancha
Court: High Court at Machakos
Parties: INVESCO ASSURANCE CO. LTD & JOSEPH MUTUNE v JACINTA KOKI MUSUMBI & 29
others
Advocates:
Citation: INVESCO ASSURANCE CO. LTD & another v JACINTA KOKI MUSUMBI & 29 others [2006] eKLR
[RULING] Civil Practice and Procedure-res judicata-where the plaintiffs are seeking to re-open cases properly concluded in the lower courts judgments-whether such cases fall under the res judicata rule-whether failure of the plaintiffs to have put forward fraud or misrepresentation as their defences exempts them from the principle of res judicata-Civil Procedur e Act (cap. 21), Section 7
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HELLEN A. OLIMA V JOHN KIPKEMBOI KILEL & ANOTHER [2006] EKLR
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Case Number: Civil Case 1016 of 2002 |
Date Delivered: 12 May 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: HELLEN A. OLIMA v JOHN KIPKEMBOI KILEL & JACKLINE CHELANGAT CHERIRO
Advocates:
Citation: HELLEN A. OLIMA v JOHN KIPKEMBOI KILEL & ANOTHER [2006] eKLR
[Ruling] – EXECUTION – attachment order – goods exempt from attachment – judgment-debtor attached the personal goods of the objector – matrimonial goods subject to equitable distribution between the spouses – proof of exclusive ownership – whether attachment was lawful
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CHARLES CHEGE NJOROGE V TRANSNATIONAL BANK LIMITED [2006] EKLR
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Case Number: Civil Case 2708 of 1996 |
Date Delivered: 12 May 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: CHARLES CHEGE NJOROGE v TRANSNATIONAL BANK LIMITED
Advocates:
Citation: CHARLES CHEGE NJOROGE v TRANSNATIONAL BANK LIMITED [2006] eKLR
[RULING] Civil Practice and Procedure-judgments-application to set aside an ex-parte interlocutory judgment-considerations of the court-whether failure to make the application under the correct Civil Procedure Rules renders it fatally defective-Civil Procedure Rules, Order L , rule 12
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METRO PETROLEUM LTD V WAMCO PETROLEUM LTD [2006] EKLR
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Case Number: Civil Case 293 of 2005 |
Date Delivered: 12 May 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: METRO PETROLEUM LTD v WAMCO PETROLEUM LTD
Advocates:
Citation: METRO PETROLEUM LTD v WAMCO PETROLEUM LTD [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - striking out – application for – application to strike out defence - grounds for making application – factors court considers in such applications – validity of order - Civil Procedure Rules Order 6 rule 13 (1) (b), (c) and (d)
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ANAJ WAREHOUSING LTD V NATIONAL BANK OF KENYA & Another [20006] EKLR
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Case Number: Civil Case 311 of 2000 |
Date Delivered: 12 May 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: ANAJ WAREHOUSING LTD v NATIONAL BANK OF KENYA & REGISTRAR OF TITLES
Advocates:
Citation: ANAJ WAREHOUSING LTD v NATIONAL BANK OF KENYA & another [20006] eKLR
[Ruling] Civil Practice and Procedure - res judicata - basis and objective of the doctrine of res judicata - extent of the applicability of the doctrine to interlocutory orders - when is a matter deemed to have been heard and finally decided - application for an interlocutory injunction to restrain the sale or transfer of land under a power of sale contained in a charge - ground: that the charge was void ab initio for having been prepared and attested by a person who was not an advocate - same issue having been previously litigated by the same parties and finally decided in the Court of Appeal - whether new facts had arisen which the applicant was not previously aware of - Civil Procedure Act section 7
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BEAT KOCH V MUKAWA HOTELS HOLDINGS LIMITED [2006] EKLR
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Case Number: Civil Case 888 of 2001 |
Date Delivered: 12 May 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: BEAT KOCH v MUKAWA HOTELS HOLDINGS LIMITED
Advocates:
Citation: BEAT KOCH v MUKAWA HOTELS HOLDINGS LIMITED [2006] eKLR
[RULING] Civil Practice and Procedure-judgments-where the judge erroneously dated the judgment on a day following the one on which judgment was delivered-whether such error can be corrected in accordance with the provisions of Section 99 of the Civil Procedure Act (cap. 21)
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SHAKESPERE INVESTMENTS & ANOTHER V PAUL KIPSANG’ KOSGEI [2006] EKLR
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Case Number: Civil Case 914 of 2002 |
Date Delivered: 12 May 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SHAKESPERE INVESTMENTS & DONALD B. KIMUTAI v PAUL KIPSANG’ KOSGEI
Advocates:
Citation: SHAKESPERE INVESTMENTS & ANOTHER v PAUL KIPSANG’ KOSGEI [2006] eKLR
[Ruling] – LAND – Land Control Board Consent – transaction in land without consent of the Land Control Board – where applicant bought land in a public auction – respondent refused to execute a transfer to facilitate registration – whether the sale by auction was valid without consent - Land Control Act (Cap 302) section 6
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GITWANY INVESTMENT LIMITED V TAJMAL LIMITED & 3 OTHERS [2006] EKLR
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Case Number: Civil Suit 1114 of 2002 |
Date Delivered: 12 May 2006 |
Judge: Isaac Lenaola
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GITWANY INVESTMENT LIMITED v TAJMAL LIMITED, GEOFFREY NJAGE, MAX TOWERS LIMITED & COMMISSIONER OF LANDS THROUGH ATTORNEY GENERAL
Advocates:
Citation: GITWANY INVESTMENT LIMITED v TAJMAL LIMITED & 3 OTHERS [2006] eKLR
Land-allotment-where the Commissioner of Lands issued a title to different parties without canceling the prior existing and validly acquired title by the plaintiff-validity of titles
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KIRPAL SINGH & Another V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 237 of 2002 |
Date Delivered: 12 May 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: KIRPAL SINGH & DIPAK PREMCHAND SHAH v REPUBLIC
Advocates:
Citation: KIRPAL SINGH & another v REPUBLIC [2006] eKLR
[RULING] Criminal Practice and Procedure-restitution of property-whether the court which heard a criminal case has the jurisdiction to make an order of restitution of property which was the subject matter of the same case-Criminal Procedure Code (cap. 75), Section 177 (a)
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