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Alfred Sagwa Mdeizi T/a Medicare Nursing Home V National Hospital Insurance Fund [2005] EKLR
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Case Number: Civil Misc Appli 50 of 2004 |
Date Delivered: 14 Apr 2005 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Alfred Sagwa Mdeizi t/a Medicare Nursing Home v national Hospital Insurance Fund
Advocates:
Citation: Alfred Sagwa Mdeizi t/a Medicare Nursing Home v national Hospital Insurance Fund [2005] eKLR
[Ruling] Judicial Review - contempt of court order – proof of
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Pioneer General Assurance Society Ltd V Joseph Ndungu T/a Wanjasi Gemstones [2005] EKLRPioneer General Assurance Society Ltd V Joseph Ndungu T/a Wanjasi Gemstones [2005] EKLR
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Case Number: Civil Case 449 of 2003 |
Date Delivered: 14 Apr 2005 |
Judge: Joyce Adhiambo Aluoch
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Pioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones
Advocates:
Citation: Pioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] eKLRPioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] eKLR
[Ruling] Civil Procedure - existence of two cause lists from the court registry on the day the application was to be heard - orders given earlier by the court set aside to give the parties to obtai fresh date from the registry
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Kimeu Kimatu & Another V Kiema Maili Kaselya [2005] EKLR
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Case Number: Civil Appli 129 of 2004 |
Date Delivered: 14 Apr 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Kimeu Kimatu & Musango Kimatu v Kiema Maili Kaselya
Advocates:
Citation: Kimeu Kimatu & another v Kiema Maili Kaselya [2005] eKLR
[Ruling] Court of Appeal Rules – Rule 4 – application for leave to file an appeal out of time – factors to be satisfied by the applicant
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Ignazio Messina And C.P.S.A V Stallion Insurance Company Ltd [2005] EKLR
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Case Number: Civil Application 9 of 2005 |
Date Delivered: 14 Apr 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: Ignazio Messina and C.P.S.A v Stallion Insurance Company Ltd
Advocates:
Citation: Ignazio Messina and C.P.S.A v Stallion Insurance Company Ltd [2005] eKLR
[Ruling] - Court of Appeal Rules - Rule 42 (1) and 104 (3) - application for an Order for security for costs pending an intended appeal from the High Court - applicant reasonably apprehensive that it may not recover its costs as there lies a winding up order against the respondent company - Companies Act Section 401 –Court’s holding that since the Respondent had earlier given security for the due performance of the decree,the taxed costs prayed for were therefore secured - application dismissed
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In Re The Estate Of Winstone Onyango Orwenyo (Deceased) [2005] EKLR
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Case Number: Succession Cause 271 of 2001 |
Date Delivered: 14 Apr 2005 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Monica Kerubo Mogire v Martha Kemuma Onyango
Advocates:
Citation: In Re the Estate of Winstone Onyango Orwenyo (Deceased) [2005] eKLR
[RULING]Probate and Administration - application for annulment or revocation of grant on the ground that the proceedings were defective and that the grant was obtained fraudulently and by means of untrue allegations of fact - whether a marriage under customary law will be recognized even where there is another monogamous marriage.
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David Jonathan Grantham & Another V National Social Security Fund [2005] EKLR
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Case Number: Civil Case 630 of 2004 |
Date Delivered: 14 Apr 2005 |
Judge: Leonard Njagi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: David Jonathan Grantham,William Kung’u Kinyanjui T/A Integrated YMR Partnership v National Social Security Fund
Advocates:
Citation: David Jonathan Grantham & another v National Social Security Fund [2005] eKLR
Civil procedure - ammendments - rules governing ammendments - that late ammendments will be allowed if made in good faith - method of ammending affidavit - that an affidavit cannot be amended in the same way as a plaint or defence by striking out in red ink all deleted words… and by underlining in red ink all added words as prescribed in O.VIA rule 7 (2) of the Civil Procedure Rules. The only way by which an affidavit can be amended is by filing a fresh affidavit.
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Odieny Mbui V Veronica Yongo [2005] EKLR
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Case Number: Civil Appeal 207 of 2000 |
Date Delivered: 14 Apr 2005 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Odieny Mbui v Veronica Yongo
Advocates:
Citation: Odieny Mbui v Veronica Yongo [2005] eKLR
Civil Procedure - action for eviction from land - case referred to arbitration - parties not having applied to refer the suit to arbitration and trial magistrate not stating under which law the reference was made - whether the decision to refer the case to arbitration was proper or lawful.
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Global Gases Kenya Limited V Kenya Power & Lighting Company Ltd [2005] EKLR
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Case Number: Civil Case 926 of 2002 |
Date Delivered: 14 Apr 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Global Gases Kenya Limited v Kenya Power & Lighting Company Ltd
Advocates:
Citation: Global Gases Kenya Limited v Kenya Power & Lighting Company Ltd [2005] eKLR
[Ruling] - Civil Procedure - injunctive orders - interpretation of
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Fredrick Mwenda V David Karimi Julius [2005] EKLR
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Case Number: Civil Appeal No. 131 Of 1999 |
Date Delivered: 14 Apr 2005 |
Judge: David Anasi Onyancha
Court: High Court at Meru
Parties: Fredrick Mwenda v David Karimi Julius
Advocates:
Citation: Fredrick Mwenda v David Karimi Julius [2005] eKLR
[ruling] Civil procedure - stay of excecution pending appeal - that it is upon the applicant to demonstrate to court that if the sums of money to be paid are paid at the time of applicationof stay,the same will not be easily refunded upon succesful appeal on the basis that the Respondent is not a man of means - that applicant must demonstrate that his appeal has chances of success - applicationdismissed
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Gladys Regeria Njiru V Silas Mbaya M’Mukindia [2005] EKLR
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Case Number: Succession Cause 75 of 2000 |
Date Delivered: 14 Apr 2005 |
Judge: David Anasi Onyancha
Court: High Court at Meru
Parties: Gladys Regeria Njiru v Silas Mbaya M’Mukindia
Advocates:
Citation: Gladys Regeria Njiru v Silas Mbaya M’Mukindia [2005] eKLR
Succession Law - application to be joined as an objector - application allowed
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