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Lucy Wambui Muturi V Jeza Zhomu Umoja Private Co. Ltd & 2 Others [2005] EKLR
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Case Number: Civil suit 620 of 2001 |
Date Delivered: 15 Jul 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Lucy Wambui Muturi v Jeza Zhomu Umoja Private Co. Ltd; Masterways Properties Ltd & Kindest Auctioneers
Advocates:
Citation: Lucy Wambui Muturi v Jeza Zhomu Umoja Private Co. Ltd & 2 others [2005] eKLR
[RULING]Civil Practice and Procedure-temporary injunction-whether it can be granted to prevent the plaintiff from receivng rental income from the suit property over which there's dispute as to ownership-Civil Procedure Rules,Order XXXIX,rules 1,2 and 9; Civil Procedure Act(cap.21)Section 3A-LAND-transfers-where two contenders of title are relying on different title documents-whether a company which has been wound up can be party to a land transfer
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KENYA POWER & LIGHTING COMPANY LTD V AMERICAN LIFE INSURANCE COMPANY (K) LTD [2005] EKLR
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Case Number: Civil Case 247 of 2004 |
Date Delivered: 15 Jul 2005 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KENYA POWER & LIGHTING COMPANY LTD V AMERICAN LIFE INSURANCE COMPANY (K) LTD
Advocates:
Citation: KENYA POWER & LIGHTING COMPANY LTD V AMERICAN LIFE INSURANCE COMPANY (K) LTD [2005] eKLR
[RULING] - Civil Procedure and Practice - Application for striking out of suit - Insurance Law - Repudiation of a defendant of its obligations under an Insurance policy - Where there was delay in instituting proceedings after disclaimer of liability under the policy - Understanding of provisions of Order 6 rule 13(1) Civil Procedure Rules - Meanings of the words scandalous, frivolous and vexatious - Consequences of joining sub-rules - Contract Law - Determination whether a contract is repudiated - Can law void a contract with a lesser limitation than that provided for by the Limitation of Actions Act (Cap. 22) - Requirement for timely notification of any occurrences which may give rise to any claims - Order 6 Rule 16 of the Civil Procedure Rules .
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Sheikh Ali Taib V George Ellam Wekesa & Another [2005] EKLR
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Case Number: Civil Suit 260 of 2003 |
Date Delivered: 15 Jul 2005 |
Judge:
Court: High Court at Mombasa
Parties: Sheikh Ali Taib v George Ellam Wekesa; Selina Wekesa
Advocates:
Citation: Sheikh Ali Taib v George Ellam Wekesa & another [2005] eKLR
[RULING]Civil Procedure - preliminary objection upon a Notice of Motion seeking orders for Review of Court Order on grounds of discovery of new evidence - whether the order had been extracted - whether the applicant had filed an appeal - although Notice of Appeal was filed no appeal has been filed in accordance with the Court of Appeal rules and even the period for filing such an appeal had expired - objection dismissed.
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J Wambugu & 8 Others V Kenya Railways Corporation [2005] EKLR
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Case Number: Civil Suit 3244 of 1997 |
Date Delivered: 15 Jul 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: J Wambugu; J Opol; Elly Okuogo; Z. Oluoch; S. Kinyanjui; H. Ochieng; JK Julu; R. Omondi; E Ireri v Kenya Railways Corporation
Advocates:
Citation: J Wambugu & 8 others v Kenya Railways Corporation [2005] eKLR
[RULING] Preliminary objection - objection that the suit was incompetent and was a nullity,for being filed in conflict with section 87 of the Kenya Railways Corporation Act - allegation that the plaintiffs had not given the statutory notice provided for under the section - construction of statutes - Kenya Railways Corporation Act and the State Corporations Act - whether the plaintiff's suit was incompetent,and should be struck out in limine.
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John Nginyi Muchiri V John Kamunya Mutahi & 4 Others [2005] EKLR
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Case Number: Civil Case 583 of 1996 |
Date Delivered: 15 Jul 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: John Nginyi Muchiri v John Kamunya Mutahi,Job gichuru Njoroge,Esther Njoki Kamunya,Stephen Ngugi Kariuki & Lydia Job Wairimu
Advocates:
Citation: John Nginyi Muchiri v John Kamunya Mutahi & 4 others [2005] eKLR
[RULING] Civil Procedure - stay of execution pending appeal - Order XLI Rule 4 of the Civil Procedure Rules - whether the applicant had satisfied the test for granting stay of execution pending appeal - application allowed
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Pabeco Enterprises Ltd V Rabadia Builder [2005] EKLR
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Case Number: Civil Suit 1408 of 1999 |
Date Delivered: 15 Jul 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Pabeco Enterprises Ltd v Rabadia Builder
Advocates:
Citation: Pabeco Enterprises Ltd v Rabadia Builder [2005] eKLR
Contract - action for monies owed on account of goods supplied and received - duty of the applicant to establish his claim on a balance of probability.
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Charles Kimani Ng'ang'a V Telkom Kenya Limited [2005] EKLR
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Case Number: Civil Suit 329 of 1997 |
Date Delivered: 15 Jul 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Charles Kimani Ng'ang'a v Telkom Kenya Limited
Advocates:
Citation: Charles Kimani Ng'ang'a v Telkom Kenya Limited [2005] eKLR
Contract-employment contract-where the parties have a consent order that the act of dismissal of the plaintiff by the defendant be converted into retirement in the public interest-whether the effective date of that conversion is the earlier date of dismissal or the later date of acceptance of the retirement form by the defendant
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Satwant Singh Dhanjal & 2 Others V Kenya Revenue Authority [2005] EKLR
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Case Number: Civil Case 1610 of 2001 |
Date Delivered: 15 Jul 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Satwant Singh Dhanjal & 2 others v Kenya Revenu Authority
Advocates:
Citation: Satwant Singh Dhanjal & 2 others v Kenya Revenue Authority [2005] eKLR
Contract - action for special damages,general damages for breach of contract,punitive and exemplary damages - Issues: whether a public auction pursuant to a statutory power different from any other action; what warranties and representations (if any) are implied by a seller at a public auction; when title in the goods passes to the bidder or purchaser at an auction sale; irrespective of the time when title in the goods passes at an auction sale what is the effect of a successful challenge in court of an auction sale whether held under the statutory power of sale or otherwise Fifthly what damages if any flow from an aborted or annulled public auction?
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Lucy Wambui Muturi V Jeza Zhomu Umoja Private Co. Ltd & 2 Others [2005] EKLR
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Case Number: Civil Case 620 of 2001 |
Date Delivered: 15 Jul 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Lucy Wambui Muturi v Jeza Zhomu Umoja Private Co. Ltd; Masterways Properties Ltd & Kindest Auctioneers
Advocates:
Citation: Lucy Wambui Muturi v Jeza Zhomu Umoja Private Co. Ltd & 2 others [2005] eKLR
[RULING]Civil Procedure - dispute over the ownership of rented premises - application brought by Chamber Summons under Order XXXIX,rules 1,2 and 9 of the Civil Procedure Rules and s.3A of the Civil Procedure Act seeking injunction,payment of rental proceeds by tenants and that the parties be at liberty to appoint a joint property manager
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Stokman Rozen Kenya Ltd V Da Gama Rose Group Of Companies Ltd [2005] EKLR
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Case Number: Civil Suit 1168 of 2001 |
Date Delivered: 15 Jul 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Stokman Rozen Kenya Ltd v Da Gama Rose Group of Companies Ltd
Advocates:
Citation: Stokman Rozen Kenya Ltd v Da Gama Rose Group of Companies Ltd [2005] eKLR
Contract - breach of contract - action on a contract - duty of the plaintiff to establish the claim against the defendant on a balance of probabilities.
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