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W’Njuguna V Republic [2005] EKLR
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Case Number: Crim Appli 550 of 2004 |
Date Delivered: 28 Jan 2005 |
Judge: Kalpana Hasmukhrai Rawal, Luka Kiprotich Kimaru
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Samuel Muchiri W'Njuguna v Republic
Advocates:
Citation: W’Njuguna v Republic [2005] eKLR
Constitutional reference - constitutional rights/fundamental rights and freedoms - right to liberty, security of the person and the protection of the law - right not to be subjected to unlawful search and entry of premises/property - application for a declaration that anticipatory bail or bail pending arrest is available under chapter 5 of the Constitution - prayer for general damages for breach of constitutional rights - application for a review of a ruling by a constitutional court - whether a constitutional court is functus officio once it has delivered a ruling - where applicant had not made a prayer for general damages but raised it during submissions.
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Michael Simiyu Siba V Absolom W Mukhwana [2005] EKLR
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Case Number: Civil Suit 89 of 2003 |
Date Delivered: 28 Jan 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Michael Simiyu Siba v Absolom W Mukhwana
Advocates:
Citation: Michael Simiyu Siba v Absolom W Mukhwana [2005] eKLR
Land - trespass to land - action for the eviction of a trespasser - duty of the plaintiff to established a proprietory interest in the land.
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Kamau V Ngugi [2005] EKLR
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Case Number: Civil Suit 9 of 2001 (OS) |
Date Delivered: 28 Jan 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Dianah Njeri Kamau v Michael Kamau Ngugi
Advocates:
Citation: Kamau v Ngugi [2005] eKLR
Family law - division of matrimonial property - property acquired during the subsistence of a marriage - wife seeking division of land inherited by her husband from his father - wife also seeking compensation for developed property sold by husband without her knowledge - legal principles applied division of matrimonial property.
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Njuguna Vs Republic [2005] EKLR
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Case Number: Criminal Application No. 550 Of 2004 |
Date Delivered: 28 Jan 2005 |
Judge: Kalpana Hasmukhrai Rawal, Luka Kiprotich Kimaru
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Samuel Muciri W’njuguna vs Republic
Advocates:
Citation: njuguna vs Republic [2005] eKLR
(ruling) constitutional reference under Sections 70,72,76,84(1) and (6) and 23(8) of The Constitution of Kenya - whether constitutional reference,once decided by the high court,may subsequently be subject of judicial review proceeedings in the same court - that the court is functus officio,having determined a constitutional refgerence and may not re-open the case in order to make provision for new prayers that were not made in the original application
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In Re KW (minor) [2005] EKLR
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Case Number: Adoption Cause 158 of 2004 |
Date Delivered: 28 Jan 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In the Matter of the Adption of K.W. (A Child)
Advocates:
Citation: In Re KW (minor) [2005] eKLR
Family law - adoption of an infant - application for an adoption order - where infant's mother is deceased - application made by a cousin of the deceased mother - assessment of the suitability of the applicant for the adoption.
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Magloire Vs Republic [2004] EKLR
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Case Number: Misc. Criminal Application No. 679 Of 2004 |
Date Delivered: 28 Jan 2005 |
Judge: F. A. OCHIENG’
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Omba Gandu Magloire Alias Bongo vs Republic
Advocates:
Citation: Magloire vs Republic [2004] eKLR
criminal procedure - bail pending trial - Section 123(3) of the Criminal Procedure Code - renewing application for bail - that rejection of an application for bail pending trial by trial court is no bar to subsequent application for the same - that renewal of application must be accompanied by demonstration that there has been material change in circumstances
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Five Star Agencies Limited & 3 Others V East African Portland Cement Company & 2 Others [2005] EKLR
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Case Number: Civil Suit 154 of 2004 |
Date Delivered: 28 Jan 2005 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Five Star Agencies Ltd; Kenjoro Enterprises Ltd; Riflo Timber & General Ltd; Pop Metal Fabricators & Hardware Ltd v East African Portland Cement Company; Mohamed Mahat; Abdul Aziz Mahat
Advocates:
Citation: Five Star Agencies Limited & 3 others v East African Portland Cement Company & 2 others [2005] eKLR
[RULING] Civil Procedure - application to strike out suit and application to strike out paragraphs of the plaint - suit relating to matters governed by the Exchequer and Audit (Public Procurement) Regulations,2001 and the Restrictive Trade Practices Monopolies and Price Control Act - procedure for dealing with complaints - whether the provisions of the Acts oust the jurisdiction of the court to deal with a dispute where the complainant has not used the complaint procedure in the Act - In order to oust the jurisdiction of the court the words of any piece of legislation must make it absolutely clear and certain that it has taken away the court’s jurisdiction to deal with a matter - where an alternative remedy exists to that of the court,the courts will often require that that alternative remedy be pursued first - when a plaint can be struck out for not disclosing a cause of action - meaning of a reasonable cause of action.
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Ngahu V Tetu Housing Co-operative Society [2005] EKLR
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Case Number: Civil Case 87 of 2003 |
Date Delivered: 28 Jan 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Peter Njoroge t/a Ngahu Associates v Tetu Housing Co-operative Society
Advocates:
Citation: Ngahu v Tetu Housing Co-operative Society [2005] eKLR
[RULING] Civil Procedure - application to strike out defence and to enter summary judgment - suit by quantity surveyor for fees for services rendered - circumstances in which summary judgment will be granted.
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Ligawa Vs Ligawa [2005] EKLR
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Case Number: Divorce Cause No. 55b Of 2001 |
Date Delivered: 28 Jan 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Jane Kambura Ligawa vs Naphtali Bondo Ligawa
Advocates:
Citation: Ligawa vs Ligawa [2005] eKLR
(ruling) family law - divorce - exercise of high court's inherent jurisdiction under section 3 of the Matrimonial Causes Act and Under order 44 of the Civil Procedure Rules - divorce sought for negelct and abandonment - decree nissi issued
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Kamau V Ngugi [2005] EKLR
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Case Number: Civil Suit 9 of 2001 |
Date Delivered: 28 Jan 2005 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Dianah Njeri Kamau v Michael Kamau Ngugi
Advocates:
Citation: Kamau v Ngugi [2005] eKLR
Family law - husband and wife - distribution of matrimonial property - application by wife for division of matrimonial property - matters that a wife has to establish in such an application.
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