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In Re Baby J (Infant) [2005] EKLR
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Case Number: Adoption Cause 36 of 2005 |
Date Delivered: 03 Jun 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re Baby J (Infant)
Advocates:
Citation: In Re Baby J (Infant) [2005] eKLR
Children's Law - adoption - child abandoned by biologocal parents and declared for adoption - whether statutory requirements stipulated under the Children’s Act 2001 Part XII had been fulfilled -
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Lilian Njeri Mwangi V Municipal Council Of Nakuru [2005] EKLR
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Case Number: Civil Suit 191 of 2003 |
Date Delivered: 03 Jun 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Lilian Njeri Mwangi v Municipal Council of Nakuru
Advocates:
Citation: Lilian Njeri Mwangi v Municipal Council of Nakuru [2005] eKLR
[RULING] Civil Procedure - application to strike out defence and for judgment tobe entered as prayed in the plaint - Civil Procedure Rules order VI rule 13(1)(a),(c),(d) - whether the defence was a sham - whether the defence raised any triable issues - ordinarily,courts are mandated to have suits determined by hearing viva voce evidence from the disputants instead of determining them by summary proceedings but there are clear cases where to have a full hearing would serve no useful purpose.
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In Re The Estate Of Gatana Gakuru (Deceased) [2005] EKLR
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Case Number: Succession Cause 1201 of 1999 |
Date Delivered: 03 Jun 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re the Estate of Gatana Gakuru (Deceased) [2005] eKLR
Advocates:
Citation: In Re the Estate of Gatana Gakuru (Deceased) [2005] eKLR
[Ruling] Succesion Cause - wills - validity of a will - revocation of a will Section 5 of the Law of Succession Act
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SOUTH TETU HOTELS & BAR LIMITED V LIQUOR LICENSING COURT NYERI DISTRICT [2005] EKLR
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Case Number: Civil Appeal 151 of 2003 |
Date Delivered: 03 Jun 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: SOUTH TETU HOTELS & BAR LIMITED v LIQUOR LICENSING COURT NYERI
DISTRICT
Advocates:
Citation: SOUTH TETU HOTELS & BAR LIMITED v LIQUOR LICENSING COURT NYERI DISTRICT [2005] eKLR
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South Tetu Hotels & Bar Limited V Liquor Licensing Court Nyeri District Through The Attorney General[2005] EKLR
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Case Number: Civil Appeal 151 Of 2003 |
Date Delivered: 03 Jun 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: South Tetu Hotels & Bar Limited v Liquor Licensing Court Nyeri District through the Attorney General
Advocates:
Citation: South Tetu Hotels & Bar Limited v Liquor Licensing Court Nyeri District Through the Attorney General[2005] eKLR
civil practice - the liqour licensing court - application to stay decision of liqour licencing court under Section 27(2) of the Liquor Licensing Act Cap 121 Laws of Kenya pending the hearing and determination of appeal against the courts decision
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NICHOLAS SHIRAO & Another V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 14 & 15 of 2004 |
Date Delivered: 03 Jun 2005 |
Judge: George Benedict Maina Kariuki
Court: High Court at Kakamega
Parties: NICHOLAS SHIRAO & CALORI MUYONGA v REPUBLIC
Advocates:
Citation: NICHOLAS SHIRAO & another v REPUBLIC [2005] eKLR
Criminal law - kitchen breaking and committing a felony - alternative charge of handling stolen property - two accused persons pleading guilty - appeal against conviction and sentence of 3 years imprisonment - criminal practice and procedure - prosecution having been conducted by a police officer below the rank of Assistant Inspector - whether it was a misdirection for the trial magistrate to allow such an officer to conduct the prosecution - whether the trial should be nullified and the appellant released - Penal Code sections 306(a), 322(2) - Criminal Procedure Code section 88(1)
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Lilian Njeri Mwangi V Municipal Council Of Nakuru [2005] EKLR
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Case Number: Civil Suit 191 of 2003 |
Date Delivered: 03 Jun 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Lilian Njeri Mwangi v Municipal Council of Nakuru
Advocates:
Citation: Lilian Njeri Mwangi v Municipal Council of Nakuru [2005] eKLR
[RULING] Civil Procedure - application to struck out defence and to enter judgment for the plaintiff under Order VI Rule 13(1)(b)(c)(d) of the Civil Procedure Rules - whether the plaintiff had established that the defence ought to be struck out as being a sham - courts are generally mandated to have suits determined by hearing viva voce evidence from the disputants instead of determining them by summary proceedings - whether this was a clear case where the case needed not go for trial.
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Republic V Minister For Lands And Settlement & 3 Others Ex Parte Julius Kiboro Njogoo Mitugo [2005] EKLR
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Case Number: Misc Civil Appl 572 of 2004 |
Date Delivered: 03 Jun 2005 |
Judge: Joseph Gregory Nyamu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Republic v Minister for Lands and Settlement; Land Registrar,Tharaka Nithi District; District Land Surveyor,Tharaka Nithi District Julius Kiboro Njogoo Mitugo
Advocates:
Citation: Republic v Minister for Lands and Settlement & 3 others ex parte Julius Kiboro Njogoo Mitugo [2005] eKLR
JUDICIAL REVIEW - It is the copies of verifying Affidavit or affidavits accompanying the application for leave and the statement which should be served on the respondent with the Notice of Motion. Serving other affidavits not allowed. Further affidavits only allowed if they satisfy the requirements of Rule 4(2) where a new matter is introduced by another party to the application. Where reliefs set out in the statement are at variance with those in the Notice and no application was made to amend the statement made,application was struck out. Verifying Affidavit without facts not adequate. Application struck out.
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SAM-CON LTD V NATIONAL BANK OF KENYA LTD. & 2 OTHERS [2005] EKLR
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Case Number: Civil Case 174 of 2003 |
Date Delivered: 03 Jun 2005 |
Judge: O.K. MUTUNGI
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SAM-CON LTD V NATIONAL BANK OF KENYA LTD., ANDREW DOUGLAS GREGORY &
ABDUL ZAHIL SHEIKH
Advocates:
Citation: SAM-CON LTD V NATIONAL BANK OF KENYA LTD. & 2 OTHERS [2005] eKLR
[RULING] Civil Practice and Procedure-judgment-striking out-where the injunctive orders were obtained with material non-disclosure by the applicant in not informing the court that the Court of Appeal had ruled on the matter and which ruling was still in force-whether the matter was res judicata-Civil Procedure Rules, Order VI, rules 13(b),(c), and (d); Order XXXIX, rules 4 and 9; Order XLI, rules 4(1) and 27; Civil Procedure Act (cap.21), Sections 2, 3A and 78
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Kenya United Steel Company Limited V Kenya Commercial Bank Ltd & Another [2005] EKLR
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Case Number: Civil Appli 109 of 2005 |
Date Delivered: 03 Jun 2005 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Kenya United Steel Company Ltd v Kenya Commercial Bank Ltd; Adrian Spencer Dearing
Advocates:
Citation: Kenya United Steel Company Limited v Kenya Commercial Bank Ltd & another [2005] eKLR
[RULING]Civil Procedure - application for injunction pending appeal - application to restrain the appointment of receivers and from interfering with the plaintiff's quiet possession of business premises - principles of law applicable in such an application - Court to interfere in the passage of the receivership unless it could be shown that the conduct of the receivers and managers was seriously oppressive,or not in accordance with the recognized principles of law and of commercial practice,or that there were clear and compelling reasons to do so.
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