PAUL MUIRA Vs JANE KENDI IKINYUA[2003] EKLR | ||
civ case 1289 of 02 | 20 Jun 2003 |
Andrew Isaac Hayanga
High Court at Nairobi (Milimani Law Courts)
PAUL MUIRA vs JANE KENDI IKINYUA
PAUL MUIRA vs JANE KENDI IKINYUA[2003] eKLR
Read More
Please Wait. Searching ...
Showing from 208781 to 208790 of 217160 Items
PAUL MUIRA Vs JANE KENDI IKINYUA[2003] EKLR | ||
Case Number: civ case 1289 of 02 | Date Delivered: 20 Jun 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PAUL MUIRA vs JANE KENDI IKINYUA
Advocates:
Citation: PAUL MUIRA vs JANE KENDI IKINYUA[2003] eKLR
Read More
SERAPHINE MUTHONI WARUTA Vs ALLAN WAWERU MBURU[2003] EKLR | ||
Case Number: civ case 74 of 02 | Date Delivered: 20 Jun 2003 |
Judge: Andrew Isaac Hayanga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SERAPHINE MUTHONI WARUTA vs ALLAN WAWERU MBURU
Advocates:
Citation: SERAPHINE MUTHONI WARUTA vs ALLAN WAWERU MBURU[2003] eKLR
Read More
Jivraj Raishi & Brothers Ltd V National Bank OfKenya Ltd & 3 Others[2003] EKLR | ||
Case Number: Civil Application No NAI 46 of 2003 | Date Delivered: 20 Jun 2003 |
Judge: Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Philip Nyamu Waki
Court: Court of Appeal at Kisumu
Parties: Jivraj Raishi & Brothers Ltd v National Bank ofKenya Ltd & 3 others
Advocates:
Citation: Jivraj Raishi & Brothers Ltd v National Bank ofKenya Ltd & 3 others[2003] eKLR
Jivraj Raishi & Brothers Ltd v National Bank of
Kenya Ltd & 3 others
Court of Appeal, at Kisumu June 20, 2003
Gicheru CJ, Omolo & Waki JJ A
Civil Application No NAI 46 of 2003 (KSM.6/03)
(Application to strike out the Notice of Appeal from the Ruling and
order of the High Court at Kisumu (Tanui, J) given on the 3rd June, 2002
in HCCC No 146 of 1999)
Civil Practice and Procedure – appeal - limitation of time – failure to file intended appeal on time–– due to miscommunication with the registry – whether notice of appeal should therefore be struck out.
The applicant made the present application to strike out the Notice of Appeal on grounds that the intended appeal had not been filed on time and that the first respondent had failed to pay the requisite fees for the typing and preparation of the record of the proceedings. The first respondent argued that the failure was due to the fact that it had not received the first letter demanding the said fees from the deputy registrar.
Held:
1. The letter was never received by the advocates of the first respondent which cleared them of any default in the matter.
2. It would be singularly unjust to strike out the first respondent’s Notice of Appeal since they had obtained the proceedings, ruling and certificate of delay from the Deputy Registrar.
Application dismissed.
Cases
No cases referred to.
Statutes
Court of Appeal Rules (cap 9 Sub Leg) rules 74, 80, 81, 81(1)
Advocates
Mr David Otieno for the 1st Respondent.
Read More
REPUBLIC V SAMUEL MUIRURI MWANGI,ROBERT HUNJA NJAMBA[2003] EKLR | ||
Case Number: crim case 51 of 02 | Date Delivered: 19 Jun 2003 |
Judge: Kalpana Hasmukhrai Rawal
Court: High Court at Nairobi (Milimani Law Courts)
Parties: REPUBLIC v SAMUEL MUIRURI MWANGI,ROBERT HUNJA NJAMBA
Advocates:
Citation: REPUBLIC v SAMUEL MUIRURI MWANGI,ROBERT HUNJA NJAMBA[2003] eKLR
Read More
JAMES KITHUKA NDOLA Vs WAMBUA KENZI & 2 OTHERS[2003] EKLR | ||
Case Number: civ case 589 of 00 | Date Delivered: 19 Jun 2003 |
Judge: Alex George Aluri Etyang
Court: High Court at Mombasa
Parties: JAMES KITHUKA NDOLA vs WAMBUA KENZI & 2 OTHERS
Advocates:
Citation: JAMES KITHUKA NDOLA vs WAMBUA KENZI & 2 OTHERS[2003] eKLR
Read More
Republic V Limanyang [2003] EKLR | ||
Case Number: Criminal Review 2 of 2003 | Date Delivered: 18 Jun 2003 |
Judge: Paul Kiptenai Kimisoy Arap Birech
Court: High Court at Kitale
Parties: Republic v Limanyang
Advocates:
Citation: Republic v Limanyang [2003] eKLR
Republic v Limanyang
High Court, at Kitale June 18, 2003
Birech CA
Criminal Review No 2 of 2003
Criminal Practice and Procedure – committal proceedings – by subordinate courts – where grounds for committing accused to trial are insufficient – and subordinate court substitutes the charge – legality thereof.
This case arose from committal proceedings in the subordinate court in which the subordinate court reduced a murder charge to one of manslaughter. The Senior Principal Magistrate of the First Class called for the records of the proceedings pursuant to section 363 (1) of Criminal
Procedure Code for the purpose of having them revised. Having found the proceedings improper the magistrate forwarded the same as per section 362 (2) of the Criminal Procedure Code to High Court with his remarks.
The validity and propriety of the finding of the Senior Resident Magistrate was therefore the subject of examination by the High Court.
Held:
1. If having read the committal document the magistrate considers that there is insufficient evidence to warrant the accused being committed to the High Court he should then act in accordance with the provisions of section 233 (2) of the Criminal Procedure Code and discharge the accused.
2. The reduction of the charge from murder to manslaughter by the Senior Resident Magistrate was wrong in law as she did not have the powers to do so.
Magistrate’s order revised.
Cases
No cases referred to.
Statutes
Criminal Procedure Code (cap 75) sections 232, 232(2), 233, 233(2), 234,
235, 362, 363(1), 363(2)
Read More
LABAN KARIUKI WAMBUGU & 68 OTHERS Vs HON. KIHIKA KIMANI[2003] EKLR | ||
Case Number: civ case 161 of 02 | Date Delivered: 18 Jun 2003 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nakuru
Parties: LABAN KARIUKI WAMBUGU & 68 OTHERS vs HON. KIHIKA KIMANI
Advocates:
Citation: LABAN KARIUKI WAMBUGU & 68 OTHERS vs HON. KIHIKA KIMANI[2003] eKLR
Read More
JOSEPH KIPROP MENGICH Vs REPUBLIC[2003] EKLR | ||
Case Number: crim app 180 of 01 | Date Delivered: 18 Jun 2003 |
Judge: Jessie Wanjiku Lesiit
Court: High Court at Nakuru
Parties: JOSEPH KIPROP MENGICH vs REPUBLIC
Advocates:
Citation: JOSEPH KIPROP MENGICH vs REPUBLIC[2003] eKLR
Read More
DANIEL NGEGWA KANGIGE Vs REPUBLIC[2003] EKLR | ||
Case Number: crim app 200 of 01 | Date Delivered: 18 Jun 2003 |
Judge:
Court: High Court at Nakuru
Parties: DANIEL NGEGWA KANGIGE vs REPUBLIC
Advocates:
Citation: DANIEL NGEGWA KANGIGE vs REPUBLIC[2003] eKLR
Read More
ANWAR ALI ANJAWA Vs REPUBLIC[2003] EKLR | ||
Case Number: crim app 382 of 02 | Date Delivered: 18 Jun 2003 |
Judge: Pamela Mwikali Tutui
Court: High Court at Mombasa
Parties: ANWAR ALI ANJAWA vs REPUBLIC
Advocates:
Citation: ANWAR ALI ANJAWA vs REPUBLIC[2003] eKLR
Read More
Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions