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In Re Estate Of Chuninlal Khimji Devji Shah (Deceased) [2010] EKLR
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Case Number: Succession Cause 311 of 2004 |
Date Delivered: 26 Jan 2010 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re Estate of Chuninlal Khimji Devji Shah (Deceased)
Advocates:
Citation: In Re Estate of Chuninlal Khimji Devji Shah (Deceased) [2010] eKLR
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REPUBLIC V COUNTY COUNCIL OF KIAMBU Ex-parte WAINAINA MUNGAI [2010] EKLR
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Case Number: Judicial Review 57 of 2009 |
Date Delivered: 26 Jan 2010 |
Judge: Amraphael Mbogholi-Msagha
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v COUNTY COUNCIL OF KIAMBU Ex-parte WAINAINA MUNGAI
Advocates:
Citation: REPUBLIC v COUNTY COUNCIL OF KIAMBU Ex-parte WAINAINA MUNGAI [2010] eKLR
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SIMON KIBET V REPUBLIC [2010] EKLR
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Case Number: Criminal Appeal 70 of 2009 |
Date Delivered: 26 Jan 2010 |
Judge: David Kenani Maraga
Court: High Court at Nakuru
Parties: SIMON KIBET v REPUBLIC
Advocates:
Citation: SIMON KIBET v REPUBLIC [2010] eKLR
CRIMINAL PROCEDURE- Appeal- appeal against sentence of 3 years- appellant charged with burglary- where trial magistrate recommended probation before sentence- allegation that there was no basis for probation report- where no probation report on record produced in court- whether appeal was allowed
Penal Code Section 304(2)
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REPUBLIC V DICKSON MWANGI MUNENE & Another [2010] EKLR
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Case Number: Criminal Case 11 of 2009 |
Date Delivered: 26 Jan 2010 |
Judge: LESIIT
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v DICKSON MWANGI MUNENE & another
Advocates:
Citation: REPUBLIC v DICKSON MWANGI MUNENE & another [2010] eKLR
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JOHN KIRIA & 6 Others V CHARLES KAUNDA MUSYOKA & Another [2010] EKLR
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Case Number: Civil Appeal 232 of 2008 |
Date Delivered: 26 Jan 2010 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOHN KIRIA, JOSEPH ONGURU, JANET KAVISA, EUNICE MALO, MARGARET
MWANZIA, JOSEPH OKONDI & PETER ODIK v CHARLES KAUNDA MUSYOKA &
AKAMBA PUBLIC ROAD SERVICES LTD
Advocates:
Citation: JOHN KIRIA & 6 others v CHARLES KAUNDA MUSYOKA & another [2010] eKLR
Civil practice and procedure-appeal-appeal against a decision of the court dismissing a suit for damages in a road traffic accident-plaintiff having been on board the first respondent’s car as a fare paying passenger at the time the accident occurred-claims that the accident was wholly due to the negligence of the first respondent-first respondent having been an employee of the second respondent at the time the accident occurred-vicarious liability-trial magistrate finding that the appellants failed to offer sufficient proof of ownership of the vehicle-whether the appellant proved on a balance of probabilities that the 2nd respondent was the owner of motor vehicle
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ANTONY KANGETHE MWANGI V REPUBLIC [2010] EKLR
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Case Number: Criminal Application 81 of 2008 |
Date Delivered: 25 Jan 2010 |
Judge: Joseph Kiplagat Sergon, Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: ANTONY KANGETHE MWANGI v REPUBLIC
Advocates:
Citation: ANTONY KANGETHE MWANGI v REPUBLIC [2010] eKLR
Criminal practice and procedure – appeal – appeal against conviction and sentence to death for the offence of robbery with violence –among other grounds that conviction was based on a single identifying witness – duty of the court to warn itself against such evidence – whether the evidence adduced during the trial was sufficient to hold a conviction t – whether the appeal had merit –Penal Code section 296 (2)
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LUKAS MAINA MUGO V TABITHA MUTHONI [2010] EKLR
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Case Number: Civil Case 238 of 2001 |
Date Delivered: 25 Jan 2010 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: LUKAS MAINA MUGO v TABITHA MUTHONI
Advocates:
Citation: LUKAS MAINA MUGO v TABITHA MUTHONI [2010] eKLR
Land law-adverse possession-application for a declaration of adverse possession-defendant failing to enter an appearance-plaintiff having got vacant possession of the suit property when the deceased owner died-effect of-factors the court considers in such application-validity of order-Limitation of Actions Act section 38(1)
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WILSON WAGOCHO MAINA V JOHN MWANGI NGARURI & Another [2010] EKLR
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Case Number: Miscellaneous Application 48 of 2003 |
Date Delivered: 25 Jan 2010 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: WILSON WAGOCHO MAINA v JOHN MWANGI NGARURI & NAHASHON GITARI KANG’ARA
Advocates:
Citation: WILSON WAGOCHO MAINA v JOHN MWANGI NGARURI & another [2010] eKLR
[RULING] PROBATE AND ADMINISTRATION- Grant- application for the revocation of letters of administration- two succession causes had been filed in respect of suit estate- applicant filed subsequent cause and respondents not included- where grant had been confirmed and gazetted- where suit premises were transferred and registered in the respondents’ name- where respondent had lawful and recognizable interest in the estate- doctrine of priority- application opposed on grounds of fraud and abuse of process of court- whether applicant was entitled to suit property
Law of Succession Act section 66, 76; Probate and Administration Rules rules 44, 73
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DAMARIS NYAMBURA MUREU V ISAAC KAMANDE MUCHOKI & Another [2010] EKLR
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Case Number: Civil Appeal 29 of 2003 |
Date Delivered: 25 Jan 2010 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: DAMARIS NYAMBURA MUREU v ISAAC KAMANDE MUCHOKI & another
Advocates:
Citation: DAMARIS NYAMBURA MUREU v ISAAC KAMANDE MUCHOKI & another [2010] eKLR
Civil Law-Land Tribunal Act section 3(1)
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AMOS NGATUNYI PERMINUS V AMOS NGATUNYI KIBUCHI [2010] EKLR
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Case Number: Civil Appeal 28 of 2003 |
Date Delivered: 25 Jan 2010 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nyeri
Parties: AMOS NGATUNYI PERMINUS v AMOS NGATUNYI KIBUCHI
Advocates:
Citation: AMOS NGATUNYI PERMINUS v AMOS NGATUNYI KIBUCHI [2010] eKLR
Land-family land-appeal-appeal against decision of the Provincial land Disputes Appeals Committee-grounds of appeal, inter alia, that the Appeals Committee had no jurisdiction to adjudicate over the matter and that it erred in law in overturning the Divisional Land Disputes Tribunal award without any legal basis-whether the Appeals Committee had jurisdiction to adjudicate on a claim based on trust, and to order the partitioning of the suit premises-whether the appeal had merit-Land Disputes Tribunal Act sections 3 (1), 4
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