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KENYA PLANTERS CO-OPERATIVE UNION LTD V MACHROSE FLORA LIMITED [2006] EKLR
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

INVESCO ASSURANCE CO. LTD & Another V JACINTA KOKI MUSUMBI & 29 Others [2006] EKLR
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

HELLEN A. OLIMA V JOHN KIPKEMBOI KILEL & ANOTHER [2006] EKLR
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

CHARLES CHEGE NJOROGE V TRANSNATIONAL BANK LIMITED [2006] EKLR
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

METRO PETROLEUM LTD V WAMCO PETROLEUM LTD [2006] EKLR
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)

ANAJ WAREHOUSING LTD V NATIONAL BANK OF KENYA & Another [20006] EKLR
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

BEAT KOCH V MUKAWA HOTELS HOLDINGS LIMITED [2006] EKLR
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)

SHAKESPERE INVESTMENTS & ANOTHER V PAUL KIPSANG’ KOSGEI [2006] EKLR
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

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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

GITWANY INVESTMENT LIMITED V TAJMAL LIMITED & 3 OTHERS [2006] EKLR
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

KIRPAL SINGH & Another V REPUBLIC [2006] EKLR
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)