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REGINA MUNYIVA NTHENGE V KENYA COMMERCIAL BANK LTD [2005] EKLR
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Case Number: Civil Case 65B of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: REGINA MUNYIVA NTHENGE v KENYA COMMERCIAL BANK LTD
Advocates:
Citation: REGINA MUNYIVA NTHENGE v KENYA COMMERCIAL BANK LTD [2005] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – applicant sought to restrain the respondent from selling the suit property – where the applicant had charged the property to the respondent and the respondent sought to reclaim the money – applicable principles – whether the respondent established a prima facie case
MORTGAGE – mortgagor’s right of redemption – where the applicant claimed that had they had adequate notice they would have exercised their right of redemption – where service was by post – factors the court considers in such applications - Registered Land Act (Cap 300) section 74 (1)
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Samuel Muchiri W’Njuguna & 6 Others V Minister Of Agriculture [2005] EKLR
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Case Number: Misc Civil Appli 621 of 2000 |
Date Delivered: 26 Jan 2005 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Samuel Muchiri W’Njuguna & 6 others v Minister of Agriculture
Advocates:
Citation: Samuel Muchiri W’Njuguna & 6 others v Minister of Agriculture [2005] eKLR
[RULING] Civil Procedure - application for stay of execution pending appeal from the decision of a taxing master - criteria for the grant of a stay
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Winfred Muthoni Kariuki V George Ng’anga [2005] EKLR
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Case Number: Civil Suit 248 of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: PJ Ransely J
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Winfred Muthoni Kariuki v George Ng’anga
Advocates:
Citation: Winfred Muthoni Kariuki v George Ng’anga [2005] eKLR
[RULING] Landlord and Tenant - protected tenancy - landlord seeking an order of eviction against the tenant - tenant claiming that he was a protected tenant and could not be evicted without an order the Business Premises Tribunal - whether the landlord should be restrained from unlawfully evicting the tenant.
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In Re Jackson Muthiani Musyoka & Another [2005] EKLR
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Case Number: Criminal Revision 1 of 2005[1] |
Date Delivered: 26 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: In Re Jackson Muthiani Musyoka; Kilonzo Musyoka
Advocates:
Citation: In Re Jackson Muthiani Musyoka & another [2005] eKLR
[REVISION ORDER] Criminal Procedure - reference for revision of an order a subordinate court committing two accused persons to an approved school - accused person’s ages having been assessed at 16 and 17 years - trial magistrate later learning that the accused were in fact aged 19 and 18 years respectively - accused not admissible in the institution owing to their age - file referred back to the trial magistrate for the appropriate sentence to be meted
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Mugo Njore & 4 Others V Miano Njore [2005] EKLR
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Case Number: Civil Appeal 30 Of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: Isaac Lenaola
Court: High Court at Embu
Parties: Mugo Njore Teresia Wangechi Mugo Peter Muthii Mugo Kariithi Mugo Jemima Wanjiru Mugo v Miano Njore
Advocates:
Citation: Mugo Njore & 4 others v Miano Njore [2005] eKLR
[RULING] civil procedure - application for temporary injunction
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JUSTIN MUTEGI RINKANYA V JOSEPHINE KATHURE MWAMBIA [2005] EKLR
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Case Number: Civil Case 32 of 2000 |
Date Delivered: 26 Jan 2005 |
Judge: Isaac Lenaola
Court: High Court at Embu
Parties: JUSTIN MUTEGI RINKANYA v JOSEPHINE KATHURE MWAMBIA
Advocates:
Citation: JUSTIN MUTEGI RINKANYA v JOSEPHINE KATHURE MWAMBIA [2005] eKLR
[Ruling] Civil Practice and Procedure - striking out of pleadings - application to strike out defence and to enter judgment for the plaintiff - affidavit - affidavit sworn by an advocate on behalf of his client - replying affidavit - whether the advocate had deponed to matters which were not possibly within his knowledge - circumstances in which the courts will strike out a suit - matters the courts will consider in an application to strike out - whether there were triable issues raised in the suit - Civil Procedure Rules Order VI rule 13(1)(a), (b), (c)
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David Syoki V Republic [2005] EKLR
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Case Number: Criminal Appeal 286 of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: David Syoki v Republic
Advocates:
Citation: David Syoki v Republic [2005] eKLR
Criminal law - Rape Contrary to Section 140 of the Penal Code - Attempted Rape Contrary to Section 141 of the Penal Code - accused person convicted of attempted rape and Assault Contrary to Section 251 of the Penal Code - accused sentenced to imprisonment for 5 years with hard labour on the count of attempted rape and one year imprisonment on the second count - sentences to run concurrently - appeal - EVIDENCE - medical evidence in a sexual offence case - whether such a case can be proved without medical evidence - ingredients of the offence of rape - whether the accused should have been convicted for rape rather than for attempted rape - SENTENCING - discretion of an appellate court to increase a sentence - Section 354 of the Criminal Procedure Code
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NYAGA KARIGE V TERESIA WAWIRA NYAGA & Another [2005] EKLR
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Case Number: Misc Succ Case 73 of 2004 |
Date Delivered: 26 Jan 2005 |
Judge: Isaac Lenaola
Court: High Court at Embu
Parties: NYAGA KARIGE v TERESIA WAWIRA NYAGA & FRANCIS NJOGU NYAGA
Advocates:
Citation: NYAGA KARIGE v TERESIA WAWIRA NYAGA & another [2005] eKLR
[Ruling] Probate and Administration - application for stay of execution of the confirmed grant of representation - applicant seeking to restrain the respondent from subdividing land pending the hearing of an application for revocation of grant - applicant invoking the inherent power of the court - whether the applicant had established a prima facie case - whether a temporary injunction should issue - Civil Procedure Act section 3A
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Munguti Makau V Republic [2005] EKLR
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Case Number: Criminal Appeal 123 of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: Munguti Makau v Republic
Advocates:
Citation: Munguti Makau v Republic [2005] eKLR
Criminal law - incest by a male Contrary to Section 166 (1) of the Penal Code - accused person alleged to have had carnal knowledge of his daughter - accused person convicted and sentenced to imprisonment for 14 years - appeal - whether the conviction could stand in the absence of medical evidence - whether the sentence was harsh and excessive.
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Kamunyu Vs Republic [2005] EKLR
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Case Number: Miscellanous Criminal Application No. 647 Of 2004 |
Date Delivered: 26 Jan 2005 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Kenneth Kimani Kamunyu vs Republic
Advocates:
Citation: Kamunyu vs Republic [2005] eKLR
grievous harm contrary to section 234 of the Penal Code - Criminal Procedure - Bail Pending appeal - grounds upon which an appellant may be granted bail pending appeal : chances of success of appeal,likelihood of delay in hearing of appeal
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