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Ryce Motors Limited V Jonathan Kiprono Ruto [2006] EKLR
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Case Number: Civil Appli Nai 310 of 2005 |
Date Delivered: 21 Feb 2006 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: Ryce Motors Limited v Jonathan Kiprono Ruto
Advocates:
Citation: Ryce Motors Limited v Jonathan Kiprono Ruto [2006] eKLR
[RULING] Civil Procedure - extension of time - time for filing memorandum and record of appeal - an advocate who has complied with Order III 9A of the Civil Procedure Rules (which requires that a change of advocates after judgment has been passed shall not be effected without an order of the court upon an application by the advocate on record) of cannot be said to lack authority to file an application on behalf of the client seeking interlocutory relief in the Court of Appeal
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PATRICK MUGAMBI M’AMUGA V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 202 of 2002 |
Date Delivered: 21 Feb 2006 |
Judge: Isaac Lenaola
Court: High Court at Meru
Parties: PATRICK MUGAMBI M’AMUGA v REPUBLIC
Advocates:
Citation: PATRICK MUGAMBI M’AMUGA v REPUBLIC [2006] eKLR
Criminal law - omitting to take precautions against probable danger contrary to section 243(d) of the Penal Code - accused person charged with omitting to take precautions against probable danger from dogs in his possession - that the accused had let loos his dog so that it bit the complainant, causing him injury - ingredients of the offence - w whether the accused had committed criminal negligence - conviction and sentence of imprisonment for nine months - appeal - whether the accused was the custodian of the dogs or whether the dogs were under his control
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Joseph Lopurot Merikol V Republic [2006] EKLR
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Case Number: Criminal Appeal 47 of 2005 |
Date Delivered: 21 Feb 2006 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, John walter Onyango Otieno
Court: Court of Appeal at Eldoret
Parties: Joseph Lopurot Merikol v Republic
Advocates:
Citation: Joseph Lopurot Merikol v Republic [2006] eKLR
Criminal law - charge of murder contrary to section 203, 204 of the Penal Code - accused person having stabbed his father to death after a quarrel - accused person pleading guilty to the reduced charge of manslaughter contrary to section 202 - sentence of imprisonment for ten years - appeal against sentence - whether the sentence was appropriate in the circumstances.
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James Koropan V Kimitee Ole Setek [2006] EKLR
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Case Number: Civil Case 100 of 2005 |
Date Delivered: 20 Feb 2006 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: JAMES KOROPAN (On behalf and legal representative of OREU OLE KIPRIKEN)v KIMITEE OLE SETEK
Advocates:
Citation: James Koropan v Kimitee Ole Setek [2006] eKLR
[RULING] Civil Practice and Procedure-originating summons-application to strike out-whether one could file suit for a declaration of title to land by an originating summons-Civil Procedure Rules, Order VI, rule 13(1),(c),and (d); Land Adjudication Act, Section 29; Registered Land Act, Section 21(4)
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DANIEL KIPROTICH LANGAT V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal No. 497 of 203 |
Date Delivered: 20 Feb 2006 |
Judge: Muga Apondi, Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: DANIEL KIPROTICH LANGAT V REPUBLIC
Advocates:
Citation: DANIEL KIPROTICH LANGAT V REPUBLIC [2006] eKLR
Criminal Law-robbery with violence-where the appellant alleges that he was a minor at the time of commission of the offence-where the appellant’s birth certificate was only procured purposely for the appeal-whether he should have been sentenced to death-Penal Code (cap.63), Section 296(2); Children Act, Section 186(f)
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REPUBLIC V PAUL TANUI KOECH & ANOTHER [2006] EKLR
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Case Number: Criminal Case No. 47 of 2003 |
Date Delivered: 20 Feb 2006 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: REPUBLIC V PAUL TANUI KOECH & RICHARD CHERUIYOT MIBEI
Advocates:
Citation: REPUBLIC V PAUL TANUI KOECH & ANOTHER [2006] eKLR
Criminal Law-murder-circumstantial evidence-where the only evidence linking the accused to the deceased is that they were drinking with him the previous night-condition for a conviction to be based on circumstantial evidence-Penal Code (cap.63), Section 203 as read with Section 204
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MARTHA KARUA V SAMUEL MBURU MUCHOKI T/A IMMEDIATE MEDIA SERVICES & 2 Others [2006] EKLR
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Case Number: Civil Case 688 Of 2004 |
Date Delivered: 20 Feb 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MARTHA KARUA V SAMUEL MBURU MUCHOKI T/A IMMEDIATE MEDIA SERVICES, KIPRONO ARAP KEMEI & JUNIOR GRAPHICS LIMITED
Advocates:
Citation: MARTHA KARUA V SAMUEL MBURU MUCHOKI T/A IMMEDIATE MEDIA SERVICES & 2 Others [2006] EKLR
[RULING] Civil Practice and Procedure-stay of execution-procedure-whether the application should be brought by chamber summons instead of notice of motion-conditions under which procedural lapses may defeat applications-Civil Procedure Rules, Order IXA, rule 11; Order L, rule 1
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KOTIA OFITI CHEBULAMBO V OMUSATSI MUSIKO [2006] EKLR
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Case Number: Civil Appeal 94 of 2002 |
Date Delivered: 17 Feb 2006 |
Judge: George Benedict Maina Kariuki
Court: High Court at Kakamega
Parties: KOTIA OFITI CHEBULAMBO v OMUSATSI MUSIKO
Advocates:
Citation: KOTIA OFITI CHEBULAMBO v OMUSATSI MUSIKO [2006] eKLR
JURISDICTION – ouster of – appeal against a decision of a Provincial Land Disputes Appeals Committee – where the decision of the committee is final as per statute - whether court has jurisdiction to hear an appeal from its decision – Land Disputes Tribunals Act (Act No.18 of 1990) section 8 (8)
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WAKF COMMISSIONERS OF KENYA V MAALIM OMAR, ADAN JUMAA, KHALIL A. KHALIL, FARID ALI & 2 OTHERS [2006] EKLR
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Case Number: CIVIL SUIT NO. 16 OF 2006 |
Date Delivered: 17 Feb 2006 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: WAKF COMMISSIONERS OF KENYA V MAALIM OMAR, ADAN JUMAA, KHALIL A.
KHALIL, FARID ALI & 2 OTHERS
Advocates:
Citation: WAKF COMMISSIONERS OF KENYA V MAALIM OMAR, ADAN JUMAA, KHALIL A. KHALIL, FARID ALI & 2 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-chamber summons-where it has no date though it has been duly signed-whether this defect makes the summons incurably defective-whether a chamber summons is a pleading in its own right-Civil Procedure Rules , Order VI, rule 2(1) and (2), Civil Procedure Act (cap.21), Section 2
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HARJI KARSAN PATEL V KUNVERJI NARAN KERAI & 2 Others [2006] EKLR
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Case Number: Civil Case 1025 of 2004 |
Date Delivered: 17 Feb 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: HARJI KARSAN PATEL v KUNVERJI NARAN KERAI, PARBAT PREMJI VEKARIA &
JADVJI LALJI (the Chairman, Vice-Chairman and Secretary respectively
of Shree Cutch Satsang Swaminarayan Mandir (Temple), Nairobi )
Advocates:
Citation: HARJI KARSAN PATEL v KUNVERJI NARAN KERAI & 2 others [2006] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE - preliminary objection objection to an injunctive application by the plaintiff to restrain the defendants from implementing the new resolutions passed in their society where the objector claims that the applicant did not have the leave of the court to exercise the right to sue the society effect of applicable principles - whether a member of a society requires leave of the court to institute a private suit against the society - Civil Practice and Procedure Order 1 rule 8
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