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Francis Karanja Kamau V Nicholasa Kigotho Karuka [2006] EKLR
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Case Number: Civil Case 645 of 2000 |
Date Delivered: 23 May 2006 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Francis Karanja Kamau v Nicholasa Kigotho Karuka
Advocates:
Citation: Francis Karanja Kamau v Nicholasa Kigotho Karuka [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - time – extension of – application for – where the applicant had changed the advocate and the advocate sought an extension of time to enable him prepare adequately for the hearing – factors court considers in such applications – validity of order
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Rongai Workshop Ltd V Kenblest Bakery Ltd [2006] EKLR
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Case Number: Civil Case 895 of 1994 |
Date Delivered: 23 May 2006 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Rongai Workshop Ltd v Kenblest Bakery Ltd
Advocates:
Citation: Rongai Workshop Ltd v Kenblest Bakery Ltd [2006] eKLR
[Ruling] – APPEAL – application for – where the applicant was dissatisfied with the decision of the court – applicable principles – validity of order
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Peter Njoroge Gachie V Geoffrey Komu Mungai [2006] EKLR
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Case Number: Civil Appeal 13 of 2002 |
Date Delivered: 23 May 2006 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Peter Njoroge Gachie v Geoffrey Komu Mungai
Advocates:
Citation: Peter Njoroge Gachie v Geoffrey Komu Mungai [2006] eKLR
[Ruling] - REVIEW – application for – applicant sought to review an order of the land board tribunal - where the applicant claimed that the tribunal acted ultra vires – factors the court considers in such an application – validity of order
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NTHAKA LTD V NATIONAL SOCIAL SECURITY FUND [2006] EKLR
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Case Number: Civil Suit 332 of 2002 |
Date Delivered: 23 May 2006 |
Judge: J. KHAMINWA
Court: High Court at Mombasa
Parties: NTHAKA LTD v NATIONAL SOCIAL SECURITY FUND
Advocates:
Citation: NTHAKA LTD v NATIONAL SOCIAL SECURITY FUND [2006] eKLR
Landlord and Tenants - action for alleged wrongful eviction and termination of tenancy - protected tenant - tenant claiming that the notice given by the landlord was unlawful - whether the notice gave the landlord the power to forcefully evict the tenant and throw out his goods - whether the landlord should first have obtained court orders against the tenant - Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
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John Kirika Kimani & Another V Hannah Njeri Ng’anga [2006] EKLR
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Case Number: Civil Case 262 of 2006 |
Date Delivered: 23 May 2006 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: John Kirika Kimani & Another v Hannah Njeri Ng’anga
Advocates:
Citation: John Kirika Kimani & Another v Hannah Njeri Ng’anga [2006] eKLR
[Ruling] Injunction - mandatory injunction - interlocutory injunction - circumstances in which a mandatory injunction will be granted at an interlocutory stage - - Civil Procedure Act sections 3, 63(c); Civil Procedure Rules Order 39 rules 1(a), 8, 23
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MBARAK IDD MOHAMED V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 81 of 2002 |
Date Delivered: 23 May 2006 |
Judge: David Kenani Maraga, Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: MBARAK IDD MOHAMED v REPUBLIC
Advocates:
Citation: MBARAK IDD MOHAMED v REPUBLIC [2006] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - CRIMINAL PROCEDURE - charge - form of charge - how a charge for robbery with violence should be framed - charge failing to include a statement that the knives and pangas allegedly used in the robbery were dangerous and offensive weapons - charge nevertheless specifying one other ingredient of the offence, namely that the offender was in the company of one or more other person or persons - whether the charge was fatally defective whether the evidence of identification was reliable - whether the conviction was supported by the evidence - Penal Code section 296(2)
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Paul Mbeti & 4 Others V Republic [2006] EKLR
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Case Number: Criminal Appeal 1038, 1039, 1040, 1041 & 1042 of 2003 |
Date Delivered: 23 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PAUL MBETI, SAMUEL KARIUKI, JAMES NGUGI KINUTHIA, JAMES NGUGI KINUTHIA & another v REPUBLIC
Advocates:
Citation: Paul Mbeti & 4 others v Republic [2006] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - EVIDENCE - re-evaluation of the evidence by the first appellate court - evidence of identification - whether the identification evidence was reliable - whether the conviction of the appellants was proper - Penal Code section 296(2)
Judgment - form of judgment - brevity of judgment - perfunctory judgment - judgment in a trial for an offence punishable by death - judgment largely containing a recital of the evidence and one paragraph in which the trial court reached its decision to convict the accused - judgment not containing the issues for determination - whether the judgment contravened the Criminal Procedure Code section 169
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David Muthee Mwangi V Republic [2006] EKLR
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Case Number: Criminal Appeal 465 of 2004 |
Date Delivered: 23 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: David Muthee Mwangi v Republic
Advocates:
Citation: David Muthee Mwangi v Republic [2006] eKLR
Criminal law - robbery with violence - accused person convicted of the lesser offence of simple robbery - sentence of seven years imprisonment and six strokes of the corporal punishment (the cane) with 5 years of police supervision after release - appeal against sentence - Penal Code section 297(1), (2)
Sentencing - appeal - appeal against sentence - principles which an appellate court will consider in dealing with such an appeal - circumstances in which the appellate court will interfere with the sentence passed by a lower court - appellant having been sentenced to imprisonment for seven years with six strokes of corporal punishment for the offence of robbery - appellant not a first offender and not remorseful - whether the sentence was harsh excessive
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Peter Kamau Wanjiku V Republic [2006] EKLR
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Case Number: Criminal Appael 1076 of 2003 |
Date Delivered: 23 May 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Peter Kamau Wanjiku v Republic
Advocates:
Citation: Peter Kamau Wanjiku v Republic [2006] eKLR
CRIMINAL LAW – attempted robbery with violence – offence of – accused was charged and convicted of the offence of – Penal Code (Cap. 63) section 297(2)
EVIDENCE – witness – identification – where there were several assailants some of whom escaped – the witnesses could not positively identify the accused as one of the robbers – whether this evidence is sufficient to convict
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LUCY M. NJERI V FREDRICK MBUTHIA & ANOTHER [2006] EKLR
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Case Number: Civil Case 1484 of 1993 |
Date Delivered: 23 May 2006 |
Judge: M.A. ANG’AWA
Court: High Court at Nairobi (Milimani Law Courts)
Parties: LUCY M. NJERI v FREDRICK MBUTHIA & ANOTHER
Advocates:
Citation: LUCY M. NJERI v FREDRICK MBUTHIA & ANOTHER [2006] eKLR
Negligence - road traffic accident - action for death arising from a road traffic accident - assessment of damages under the Law Reform Act, Fatal Accidents ACt
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