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ELDORET STEEL MILLS LTD V PETER NYAATA MIRANGA [2006] EKLR
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Case Number: Civil Appeal 64 of 2000 |
Date Delivered: 10 Jul 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: ELDORET STEEL MILLS LTD v PETER NYAATA MIRANGA
Advocates:
Citation: ELDORET STEEL MILLS LTD v PETER NYAATA MIRANGA [2006] eKLR
Evidence-documentary evidence-where the plaintiff failed to produce the report from the doctor who initially treated him for the injuries sustained at work for which he is claiming compensation-whether such omission is detrimental to the plaintiffs case
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REPUBLIC V JUSTUS OPONDO OWUOR [2006] EKLR
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Case Number: Criminal Case 34 of 2002 |
Date Delivered: 10 Jul 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: REPUBLIC v JUSTUS OPONDO OWUOR
Advocates:
Citation: REPUBLIC v JUSTUS OPONDO OWUOR [2006] eKLR
CRIMINAL LAW murder offence of accused was charged with the offence Penal Code section 203 as read with 204
EVIDENCE witness where the witnesses can not be brought before the court due to the fact that they are deceased - effect of whether such testimony is enough to sustain a conviction Evidence Act section 33
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WILLIAM MANYONYI KHAMASI & Another V HOUSING FINANCE COMPANY OF KENYA LTD [2006] EKLR
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Case Number: Civil Case 1644 of 2001 |
Date Delivered: 10 Jul 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WILLIAM MANYONYI KHAMASI & another v HOUSING FINANCE COMPANY OF KENYA LTD
Advocates:
Citation: WILLIAM MANYONYI KHAMASI & another v HOUSING FINANCE COMPANY OF KENYA LTD [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE – stay – application for stay of execution pending hearing and determination of the appeal – where the applicant had filed for an injunction to prevent the respondent from realizing the security which application was dismissed – applicable principles – whether the appeal has a high probability of success - Civil Procedure Act section 3A; Civil Procedure Rules 41 Rule (1)
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REPUBLIC V CHAIRMAN KIGUMO DIVISION LAND DISPUTES TRIBUNAL & Another [2006] EKLR
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Case Number: Misc Civ Appil 183 of 2004 |
Date Delivered: 10 Jul 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: REPUBLIC v CHAIRMAN KIGUMO DIVISION LAND DISPUTES TRIBUNAL & PAUL NDUNGU WANYEKI
Advocates:
Citation: REPUBLIC v CHAIRMAN KIGUMO DIVISION LAND DISPUTES TRIBUNAL & another [2006] eKLR
Judicial Review-whether there are provisions of under Order 53, rule 4 of the Civil Procedure Rules for the court to grant leave for a further affidavit to be filed
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MURYANI NYANJE V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 122 of 2003 |
Date Delivered: 10 Jul 2006 |
Judge: Leonard Njagi
Court: High Court at Mombasa
Parties: MURYANI NYANJE v REPUBLIC
Advocates:
Citation: MURYANI NYANJE v REPUBLIC [2006] eKLR
Appeal-sentence-where the appellant had been convicted on his own plea of guilty on a charge of rape contrary to section 140 of the Penal Code (cap. 63) and sentenced to fifteen years imprisonment with four strokes of the cane and hard labour-where the appellant in his mitigation for reduction of sentence states that he is a father of three children who are dependent on him and that he is a first offender-where the offence carries a maximum sentence of life imprisonment-whether the sentence of fifteen years should be reduced
Appeal-conviction-where an appellant was convicted on his own plea of guilty-whether an appeal against such conviction bears any merit.
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REPUBLIC V NON-GOVERNMENTAL ORGANISATIONS COORDINATION BOARD & Another Ex-parte NORWEGIAN PEOPLE’S AID [2006] EKLR
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Case Number: Misc Civ Case 1731 of 2004 |
Date Delivered: 10 Jul 2006 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v NON-GOVERNMENTAL ORGANISATIONS COORDINATION BOARD & INTEGRATED PROGRAMME FOR HEALTH AND DEVELOPMENT Ex-parte NORWEGIAN PEOPLE’S AID
Advocates:
Citation: REPUBLIC v NON-GOVERNMENTAL ORGANISATIONS COORDINATION BOARD & another Ex-parte NORWEGIAN PEOPLE’S AID [2006] eKLR
[Ruling] – JUDICIAL REVIEW – certiorari and prohibition – an order to quash the judgment of the Regulatory Committee of the National Council of Non-Governmental Organizations and another to restrain them from further hearing the complaint – where the respondent acted ultra vires to their jurisdiction – scope of the Regulatory Council’s jurisdiction – applicable principles – whether the applicant established a prima facie case - NGO Act Section 24 (1)
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LAXCON HARDWARE & SPARES LIMITED V PLANTATION FERTILIZERS LIMITED & Another [2006] EKLR
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Case Number: Civil Suit 1199 of 2001 |
Date Delivered: 10 Jul 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: LAXCON HARDWARE & SPARES LIMITED v PLANTATION FERTILIZERS LIMITED & MUGAMA FARMERS CO-OP UNION LIMITED
Advocates:
Citation: LAXCON HARDWARE & SPARES LIMITED v PLANTATION FERTILIZERS LIMITED & another [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE – stay – application to reinstate the stay orders – applicant sought to reinstate the stay orders that had previously been discharged by the court – effect of – circumstances under which the court will reinstate orders that have been discharged – validity of order
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In Re The Estate Of Madhupaper International Ltd [2006] EKLR
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Case Number: Winding Up Cause 12 of 1995 |
Date Delivered: 10 Jul 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: In Re the Estate of Madhupaper International Ltd
Advocates:
Citation: In Re the Estate of Madhupaper International Ltd [2006] eKLR
[Ruling] – COMPANY LAW – stay – application to stay the winding up proceedings on grounds that the assets of the company were pending litigation both in the high court and the court of appeal – where the applicant claims that the stay will enable him to continue pursuing the rights of the company in those litigations – effect of – applicable principles – whether the application has been brought under the correct law - Companies Act section 251 (1); Civil Procedure Rules Order 41
CONSITUTIONAL LAW – fundamental right – violation of – where the applicant claims that the official receiver has no incentive to conduct the cases – violation of right to fair hearing - whether the court has the jurisdiction to hear such cases - Constitution section 77 (9)
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KEPHAH MAINA WANGAI T/a KEPHAH CONSULTANCY V DONWOODS COMPANY LIMITED [2006] EKLR
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Case Number: Civil Suit 457 of 2005 |
Date Delivered: 10 Jul 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: KEPHAH MAINA WANGAI t/a KEPHAH CONSULTANCY v DONWOODS COMPANY LIMITED
Advocates:
Citation: KEPHAH MAINA WANGAI t/a KEPHAH CONSULTANCY v DONWOODS COMPANY LIMITED [2006] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE pleadings striking out of application for applicant sought to strike out the defence of the respondent on the grounds that it was a sham and frivolous effect of factors the court considers in such applications validity of order - Civil Procedure Act section 3A; Civil Procedure Rules Order 35 rules 1 and 2 and Order 50 rule 1
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CITYLINK TELECOM LIMITED V KENYA COMMERCIAL BANK LIMITED & Another [2006] EKLR
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Case Number: Civil Suit 719 of 1997 |
Date Delivered: 10 Jul 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: CITYLINK TELECOM LIMITED v KENYA COMMERCIAL BANK LIMITED & KENYA COLLEGE OF TECOMMUNICATIONS
Advocates:
Citation: CITYLINK TELECOM LIMITED v KENYA COMMERCIAL BANK LIMITED & another [2006] eKLR
[RULING] Civil Practice and Procedure-suits-dismissal for want of prosecution-where the plaintiff does not oppose or attend the hearing of the application-whether the application should be granted-Civil Procedure Rules, Order 16, rule 5(c)
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