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Kivinda & United Insurance Co Ltd [2005] EKLR
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Case Number: Civil Case 1065 of 2002 |
Date Delivered: 03 Feb 2005 |
Judge: Leonard Njagi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Jackson Kivinda v United Insuarcne Co. Ltd
Advocates:
Citation: Kivinda & United Insurance Co Ltd [2005] eKLR
[Ruling] - urgent application for an advocate to come on record under O. III Rule 9A of the Civil Procedure Rules - whether application brought properly before the court - CONSENT JUDGMENT - WHETHER SUCH JUDGMENT VITIATED BY WANT OF INSTRUCTIONS AND / OR FRAUD - ex parte procceecings - the propriety of such proceedings - GENERAL DAMAGES FOR USER AND PROFITS
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Jeanne Odhalo & 6 Others V City Council Of Nairobi [2005] EKLR
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Case Number: Civil Suit 623 of 2003 |
Date Delivered: 03 Feb 2005 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Jeanne Odhalo,Thomas Abuoga,Samson Gachango,Ben Ashihundu,Christopher Ndichu Mbugua,Wahome Timothy Gatheru,Abraham Lisero v City Council of Nairobi
Advocates:
Citation: Jeanne Odhalo & 6 others v City Council of Nairobi [2005] eKLR
[RULING] Eviction from houses for non-payment of rent without notice or demand for payment of outstanding rent - Whether the tenants are lawfully in possession of the houses - Consequences of not complying with an order of the court - Equitable remedies - Non-compliance enables action for trespass and damages to be sought by the other party.
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Repubic V Mwangi [2005] EKLR
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Case Number: Criminal Case 4 of 2003 |
Date Delivered: 03 Feb 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Republic v Mary Nyambura Mwangi
Advocates:
Citation: Repubic v Mwangi [2005] eKLR
[Ruling] Criminal procedure - charge of murder - close of the prosecution's case - prosecution having called seven witnesses - no evidence adduced to show that the victim had died or what the cause of the death may have been - evidence not sufficient to establish a prima facie case - whether the accused should be put on his defence in such circumstances.
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Frankline Kabugu & 2 Others V Republic [2005] EKLR
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Case Number: Criminal Appeal 1089 of 2001 |
Date Delivered: 03 Feb 2005 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: FRANKLINE KABUGU, EPHANTUS MBOYA, & MICHAEL WAITHAKA v REPUBLIC
Advocates:
Citation: Frankline Kabugu & 2 others v Republic [2005] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - Penal Code section 296(2)
Criminal Practice and Procedure - change of magistrate - duty of a succeeding magistrate to inform the accused person of his right to demand that any witness be resummoned and reheard - where there is a failure to comply with the privision - whether the provision is mandatory - whether the trial was an irregularity and a retrial should be ordered - Criminal Procedure Code section 200(3)
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Ezekiel Wafula V Republic [2005] EKLR
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Case Number: Criminal Appeal 36 of 2004 (1) |
Date Delivered: 02 Feb 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Ezekiel Wafula v Republic
Advocates:
Citation: Ezekiel Wafula v Republic [2005] eKLR
Criminal Appeal - offence of rape contrary to Section 140 of the Penal Code - appellant sentenced to six years imprisonment - definiton of child of tender years - corroboration in sexual offences - charge omitting the word "unlawful" - court's finding that a charge has to disclose an offence known to law - appeal allowed
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K. Kimani & 11 Others V Nyali Masjid Trust (Registered Trustee) & 6 Others [2005] EKLR
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Case Number: Civil Case 178 of 2004 |
Date Delivered: 02 Feb 2005 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Mombasa
Parties: K. Kimani & 11 others v Nyali Masjid Trust (Registered Trustee) & 6 others
Advocates:
Citation: K. Kimani & 11 others v Nyali Masjid Trust (Registered Trustee) & 6 others [2005] eKLR
[RULING] Civil Practice and Procedure-representative suits-where the plaintiffs and defendants are named individually in the plaint-whether the parties constitute a representative suit within the meaning of Order I, rule 8 of the Civil Procedure Rules
Civil Practice and Procedure-suits-whether a suit for public nuisance can be instituted without the consent of the Attorney General-what acts constitute a public nuisance-Civil Procedure Act (cap. 21), Section 61
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Beatrice Wanjiku Karanja V Elisha Katam & Another [2005] EKLR
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Case Number: Civil Suit 443 of 2003 |
Date Delivered: 02 Feb 2005 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Beatrice Wanjiku Karanja v Elisha Katam,The Conservation Corporationof kenya Ltd t/a Holiday Inn Mayfair Court Hotel
Advocates:
Citation: Beatrice Wanjiku Karanja v Elisha Katam & another [2005] eKLR
[RULING] Application for order to strike out Plaint - Order VI Rule 13 1 (a) (b) and (d)of the Civil Procedure Rules - Whether a plaint discloses no cause of action - Doctrine of Common Employment in the liability of one employer for the acts of another employer - Employers Liability Act 1888 of England.
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Reliance Bank Ltd V Joseph Waweru Njoroge [2005] EKLR
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Case Number: Civil Case 623 of 1999 |
Date Delivered: 02 Feb 2005 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Reliance Bank Ltd v Joseph Waweru Njoroge
Advocates:
Citation: Reliance Bank Ltd v Joseph Waweru Njoroge [2005] eKLR
[RULING]Civil Practice and Procedure - application for injunction,accounts and setting aside decree - applicant claiming that he had never been served with summons to enter appearance and that the decree had been irregularly obtained - where the claim made in the plaint is not a liquidated demand - procedure by which default judgment can be given in such case. COMPANY LAW - duty of a plaintiff who is in liquidation to seek leave of the High Court before requesting for interlocutory judgment
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National Industrial Credit Bank Ltd V John Mwaura Kinuthia [2005] EKLR
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Case Number: Civil Suit 622 of 2000 |
Date Delivered: 02 Feb 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: National Industrial Credit Bank Ltd v John Mwaura Kinuthia
Advocates:
Citation: National Industrial Credit Bank Ltd v John Mwaura Kinuthia [2005] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - stay – stay of execution – application for – where the applicant claims that they were not duly served with the hearing notice – applicable principles – factors court considers in such applications – validity of order - Civil Procedure Act section 3A and 63; Civil Procedure Rules Order 21 rules 22 and 23, and Order 9B rule 8
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Andrew Muguna & 16 Others V Meru Central County Council & 2 Others [2005] EKLR
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Case Number: Civil Case 85 of 2004 |
Date Delivered: 02 Feb 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Andrew Muguna & 16 others v Meru Central County Council & 2 others [
Advocates:
Citation: Andrew Muguna & 16 others v Meru Central County Council & 2 others [2005] eKLR
{Ruling] Civil Procedure and Practise - Civil Procedure Rules Order 39 Rules 1,2 and 3 nd Order 50 Rule 2 - Land - trust land - applicants seeking to restain the respondent from alienating public land - PRELIMINARY OBJECTION - WHETHER PLAINTIFF'S SUIT OFFENDS SECTION 61 (1) OF THE CIVIL PROCEDURE ACT - LOCUS STANDI - FAILURE BY THE PLAINTIFF TO OBTAIN WRITTEN CONSENT FROM THE ATTORNEY GENERAL - DISCLOUSRE OF PRIVATE INTERESTS SOUGHT TO BE PROECTED- res judicata - ingredients of
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