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Kamlesh Mansukhlal Damji Pattni V Nasir Ibrahim Ali & 2 Others [2005] EKLR
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Case Number: Civil Case 418 of 1998 |
Date Delivered: 15 Apr 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Kamlesh Mansukhlal Damji Pattni v Nasir Ibrahim Ali,Dinky International S.A.,World Duty Free Company Ltd t/a Kenya Duty Free Complex
Advocates:
Citation: Kamlesh Mansukhlal Damji Pattni v Nasir Ibrahim Ali & 2 others [2005] eKLR
[RULING]- Civil Procedure and Practice - Order for application to be struck out - Where Advocates are not properly on record - Where Notice of Appointment nor Notice of Change of Advocate have not been entered - Order III rules 6,and 7 of the Civil Procedure Rules - Order III,12 (2) Civil Procedure Rules - Section 81 (2) of the Civil Procedure Act - Service of summons notices and other processes by post - Whether court should adopt a broad and non –restrictive approach in interpretation of provisions - When preliminary objections should be taken - Whether the court can inquire into the validity of rules in Statutes - How court may exercise its discretion - Provisions of 3 (2) of the Judicature Act (Cap 8 Laws of Kenya)- The determination of casa according to substantial justice without undue regard to technicalities of procedure and without undue delay.
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Moses Odhiambo Kokelo V Apollo Insurance [2005] EKLR
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Case Number: Civil Case 124 of 2001 |
Date Delivered: 15 Apr 2005 |
Judge: K Bauni J
Court: High Court at Kisii
Parties: Moses Odhiambo Kokelo v Apollo Insurance
Advocates:
Citation: Moses Odhiambo Kokelo v Apollo Insurance [2005] eKLR
Insurance - plaintiff insuring his vehicle with the defendant - vehicle involved in accident giving rise to a claim against the plaintiff - claim defended by the defendant/insurer - judgment issued against the plaintiff - plaintiff's motor vehicle sold in execution of decree after insurer had failed to settle the decree - plaintiff suing the insurer for the loss of his motor vehicle.
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In Re The Estate Of Allan Ngugi Muchai (Deceased) [2005] EKLR
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Case Number: Succession Cause 578 of 1999 |
Date Delivered: 15 Apr 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re the Estate of Allan Ngugi Muchai (Deceased)
Advocates:
Citation: In Re the Estate of Allan Ngugi Muchai (Deceased) [2005] eKLR
[RULING] Civil Practice and Procedure-review-circumstances under which the court will grant an order of review-whether an application for review can be filed where a notice of appeal has been issued- Civil Procedure Rules, Order XLIV, rules 1,2,3, and 6
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Mbigi Njuguna & Co. Advocates V Nairobi City Council [2005] EKLR
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Case Number: Miscellaneous Civil Application 1458 of 2003 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mbigi Njuguna & Co. Advocates v Nairobi City Council
Advocates:
Citation: Mbigi Njuguna & Co. Advocates v Nairobi City Council [2005] eKLR
CIVIL PRACTICE AND PROCEDURE - advocate's costs - application by advocate against client for judgment plus interest on certified costs.
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Robert Nelson Ngethe V Mbogori Njeru & Another [2005] EKLR
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Case Number: Election Petition 5 of 2003 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Robert Nelson Ngethe v Mbogori Njeru; James Njenga Karume
Advocates:
Citation: Robert Nelson Ngethe v Mbogori Njeru & another [2005] eKLR
[RULING] ELECTION PETITION - application for particulars - applicant stating that he required the particulars to enable him to prepare his response to the petition - particulars supplied - applicant applying for particulars to be struck out on the ground that they were insufficient,scandalous and vexatious and could prejudice or delay the fair trial of the petition - request for particulars raising some 501 questions - whether prolixity in framing request for particulars proper - whether request capable of being complied with.
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Joseph Sure Nyateng V Kenindia Assurance Co. Ltd [2005] EKLR
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Case Number: Civil Case 134 of 2000 |
Date Delivered: 15 Apr 2005 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Joseph Sure Nyateng v Kenindia Assurance Co. Ltd
Advocates:
Citation: Joseph Sure Nyateng v Kenindia Assurance Co. Ltd [2005] eKLR
[RULING]Declaratory suit against an insurance company for the payment of decretal sum - interlocutory application to strike out defence for failing to comply with a consent order and for judgment as prayed in the plaint.
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Hilary David Ondongo V Manager,Juhudi Loan Scheme & Another [2005] EKLR
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Case Number: Civil Suit 1786 of 1993 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Hilary David Ondongo v Manager,Juhudi Loan Scheme; T Onyango
Advocates:
Citation: Hilary David Ondongo v Manager,Juhudi Loan Scheme & another [2005] eKLR
Action for damages for unlawful seizure,detention and damage to property - defendant alleging that the property had been seized as collateral or security on a loan - duty of defendant to establish that the person offering the property as security was its owner - failure to establish a nexus between loanee and the plaintiff - presumption arising that the defendant had taken the property with intent to debilitate the owner's economic productivity.
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Hurry Njubi Ndekei V Ruth Wanjiku Kamau [2005] EKLR
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Case Number: Civil Suit 632 of 2004 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Hurry Njubi Ndekei v RuthWanjiku Kamau
Advocates:
Citation: Hurry Njubi Ndekei v Ruth Wanjiku Kamau [2005] eKLR
[RULING] CIVIL PRACTICE AND PROCEDURE - application to strike out plaint,reply to defence and defence to counterclaim and to enter judgment as prayed in the counterclaim - allgation that plaint disclosed no reasonable cause of action,the pleadings were a sham,raised no triable issues and an abuse of the court process - court considering whether the plaintiff's suit had any legal basis. AFFIDAVIT - replying affidavit - persons who are competent to swear affidavits - affidavit sworn by party's advocate - whether affidavit proper.
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Hillary David Odongo V Manager, Juhudi Loan Scheme & Another [2005] EKLR
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Case Number: Civil Suit 1786 of 1993 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Hillary David Odongo v Manager, Juhudi Loan Scheme & T. Onyango
Advocates:
Citation: Hillary David Odongo v Manager, Juhudi Loan Scheme & another [2005] eKLR
TORT – trespass – defendant unlawfully entered into the plaintiff’s premises and took possession of his property for a debt owed to him – where the property legally belonged to the plaintiff – factors court considers in such applications – quantum of damages assessed at five hundred and seventy eight thousand, and ninety seven shillings – validity of order
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W.O.1 Samuel Chege Gitau & 23 Others V Attorney General & 58 Others [2005] EKLR
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Case Number: Civil Suit 548 of 1995 |
Date Delivered: 15 Apr 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: W.O.1 Samuel Chege Gitau & 23 others v Attorney General & 58 others
Advocates:
Citation: W.O.1 Samuel Chege Gitau & 23 others v Attorney General & 58 others [2005] eKLR
[RULING] CIVIL PRACTICE AND PROCEDURE - joinder of parties - application for parties to be joined as co-plaintiffs - suit against the government through the Attorney General - whether intending plaintiffs required to give one month's notice to the Attorney General of their intended suit - LIMITATION OF ACTIONS - suit alleging unlawful dismissal from employment and violations of the plaintiff's constitutional rights - cause of action alleged to have occurred in 1982 - whether the suit was statute-barred.
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