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JENNEBY TAITA V PIL (KENYA) LIMITED & 2 Others [2006] EKLR
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Case Number: Civil Suit 260 of 2000 |
Date Delivered: 25 Jul 2006 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: JENNEBY TAITA v PIL (KENYA) LIMITED, JOSEPH OPPONG & ALICE KEMINGISHA
Advocates:
Citation: JENNEBY TAITA v PIL (KENYA) LIMITED & 2 others [2006] eKLR
[RULING] Civil Practice and Procedure-documents-where the respondent had prompted the court to issue an order directing the applicant to deposit her passport in court-where the said respondent does not want to oppose or support the application for release of the applicant’s passport-whether the applicant’s passport should be released to her
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REPUBLIC V STEPHEN WAMBUA KISUSYA [2006] EKLR
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Case Number: Criminal Case 32 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: David Anasi Onyancha
Court: High Court at Machakos
Parties: REPUBLIC v STEPHEN WAMBUA KISUSYA
Advocates:
Citation: REPUBLIC v STEPHEN WAMBUA KISUSYA [2006] eKLR
Criminal practice and procedure-sentencing-the accused pleaded guilty to the charge against him-factors to consider when sentencing-orders of the court
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RLCO STEEL FABRICATORS LIMITED & Another V COMMERCIAL BANK OF AFRICA LTD & 3 Others [2006] EKLR
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Case Number: Civil Case 223 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: FRED A. OCHIENG
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: RLCO STEEL FABRICATORS LIMITED & MAVJI RAMJI LADHA PATEL v COMMERCIAL
BANK OF AFRICA LTD, HARVEEN GARDHOKE, DANIEL NDONYE & DELLOIT & TOUCHE
Advocates:
Citation: RLCO STEEL FABRICATORS LIMITED & another v COMMERCIAL BANK OF AFRICA LTD & 3 others [2006] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE suit parties to a suit application to be enjoined to the suit where the applicants did not specify whether or not they were to be enjoined as co-plaintiffs or co-defendants effect of factors the court considers in such applications validity of order - Civil Procedure Act Section 3A as read together with Civil Procedure Rules Order 1 rule 8 (1) (2) and (3)
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PIONEER HOLDINGS (AFRICA) LIMITED V A.N. ISMAIL , Chairman Kenya Institute Of Bankers & 2 Others [2006] EKLR
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Case Number: Civil Case 690 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: FRED A. OCHIENG
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: PIONEER HOLDINGS (AFRICA) LIMITED v A.N. ISMAIL as Chairman, S.
MUTUNGI as Treasurer & S. N. ANJICHI as Secretary of THE KENYA
INSTITUTE OF BANKERS
Advocates:
Citation: PIONEER HOLDINGS (AFRICA) LIMITED v A.N. ISMAIL , Chairman Kenya Institute of Bankers & 2 others [2006] eKLR
[Ruling] CIVIL PRACTICE AND PROCEDURE pleadings striking out application to strike out the defence and to seek judgment as prayed for in the defence where the applicant claims that the defence is a bare denial which can not be sustained effect of applicable principles factors the court considers in such an application validity of order
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SIMON IBRAHIM KIPKEMBOI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 529 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SIMON IBRAHIM KIPKEMBOI v REPUBLIC
Advocates:
Citation: SIMON IBRAHIM KIPKEMBOI v REPUBLIC [2006] eKLR
Criminal law - shop breaking and stealing - accused convicted on his own plea of guilty and sentenced to the maximum punishment of imprisonment for 7 years - sentencing - maximum sentences - appeal against sentence - appellant asking for a reduction of the sentence on the grounds that he had pleaded guilty without wasting the trial court's time, was a first offender, he had been drunk at the time of the offence, that he was remorseful, that his mother was depended on him - whether the sentence was harsh and excessive - principles upon which an appellate court will consider in an appeal against sentence - Penal Code sections 306(a), 279(b)
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STEPHEN MBUI WILSON V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 532 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: STEPHEN MBUI WILSON v REPUBLIC
Advocates:
Citation: STEPHEN MBUI WILSON v REPUBLIC [2006] eKLR
Criminal law - house breaking, stealing and being unlawfully present in Kenya - accused convicted and sentenced to five years imprisonment and a fine of Kshs. 5,000 or six months imprisonment respectively - sentences ordered to run concurrently - sentencing - appeal against sentences - grounds: that he had pleaded guilty and that he was in need of medical attention outside the prison - when an appellate court may interfere with the sentence imposed by the trial court - whether the sentences were proper - Penal Code sections 304(1), 279(b) - Immigration Act section 13(c)
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KENNETH KIMANI KAMUNYU V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 538 of 2004 |
Date Delivered: 25 Jul 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KENNETH KIMANI KAMUNYU v REPUBLIC
Advocates:
Citation: KENNETH KIMANI KAMUNYU v REPUBLIC [2006] eKLR
Criminal law - causing grievous bodily harm - sentencing - appeal sentence of imprisonment for 5 years - whether the sentence was harsh and excessive - whether the sentence should have included the option of a fine - appellant arguing that he was a first offender and that at the time of the offence, he was a civil servant, ie an Assistant Chief in the process of enforcing the law - appellant having served about one year and eight months of the sentence - whether the sentence imposed on him was manifestly excessive - principles which an appellate court will consider in dealing with an appeal against sentence - Penal Code section 234
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JOEL THUKU KIMANI & Another V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 629 & 630 of 2003 |
Date Delivered: 25 Jul 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOEL THUKU KIMANI & DAVID WAINAINA NJOROGE v REPUBLIC
Advocates:
Citation: JOEL THUKU KIMANI & another v REPUBLIC [2006] eKLR
Criminal law - robbery with violence - two accused person convicted and sentenced to death on two counts -trial court ordering that the sentences were to run concurrently - appeal - whether the order on the sentences was a proper order for the trial court to make - duty of a first appellate court to examine and re-evaluate the evidence - circumstances in which an appeal court will interfere with a finding of fact made by a trial court - Penal Code section 296(2)
Criminal Practice and Procedure - prosecution - persons who are authorised to conduct public prosecutions - police officer of the rank of constable applying to close the prosecution's case and being present when the accused gave their defences - whether the officer was a person qualified to conduct a prosecution - whether his actions amounted to conducting a prosecution
Evidence - identification evidence - where a case depends substantially on disputed identification evidence - approach that a court should take in deciding whether to convict on such evidence - nature of the inquiries that a court should make
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NELSON OMUNIALA KOLI V KENYA NATIONAL ASSURANCE CO [2006] EKLR
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Case Number: Civil Suit 174 of 1993 |
Date Delivered: 25 Jul 2006 |
Judge: Mohammed Khadhar Ibrahim
Court: High Court at Eldoret
Parties: NELSON OMUNIALA KOLI v KENYA NATIONAL ASSURANCE CO
Advocates:
Citation: NELSON OMUNIALA KOLI v KENYA NATIONAL ASSURANCE CO [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE – suit – application for transfer of suit from one high court to another – effect of – factors the court considers in such applications – whether sections 18 (1) of the Civil Procedure Rules confers the court jurisdiction to transfer a suit from one high court to another
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JOSEPH KIBUNGEI KUNGUN V GILBERT KIPKOECH SUM & Another [2006] EKLR
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Case Number: Civil Suit 18 of 2006 |
Date Delivered: 25 Jul 2006 |
Judge: M.K.IBRAHIM
Court: High Court at Eldoret
Parties: JOSEPH KIBUNGEI KUNGUN v GILBERT KIPKOECH SUM & another
Advocates:
Citation: JOSEPH KIBUNGEI KUNGUN v GILBERT KIPKOECH SUM & another [2006] eKLR
[Ruling] INJUNCTION temporary injunction application to restrain the respondent from interfering with the temporary scheme of operation in respect of the suit property where the respondent claims that he is the absolute proprietor of the suit property proof of applicable principles whether the applicant established a prima facie case - Civil Procedure Rules Order 39 Rules 1,2 and 3
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