RUTH GATHONI Vs KIMANI THUKU[2002]eKLR | ||
civ app 424 of 99 | 23 Oct 2002 |
Daniel Kennedy Sultani Aganyanya
High Court at Nairobi (Milimani Law Courts)
RUTH GATHONI vs KIMANI THUKU
RUTH GATHONI vs KIMANI THUKU[2002]eKLR
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RUTH GATHONI Vs KIMANI THUKU[2002]eKLR | ||
Case Number: civ app 424 of 99 | Date Delivered: 23 Oct 2002 |
Judge: Daniel Kennedy Sultani Aganyanya
Court: High Court at Nairobi (Milimani Law Courts)
Parties: RUTH GATHONI vs KIMANI THUKU
Advocates:
Citation: RUTH GATHONI vs KIMANI THUKU[2002]eKLR
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MARGARET MUKENA VONZA Vs ATTORNEY GENERAL AND ANOTHER[2002]eKLR | ||
Case Number: civ case 5115 of 91 | Date Delivered: 23 Oct 2002 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MARGARET MUKENA VONZA vs ATTORNEY GENERAL AND ANOTHER
Advocates:
Citation: MARGARET MUKENA VONZA vs ATTORNEY GENERAL AND ANOTHER[2002]eKLR
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HOSEA MWANGI GACHIRA Vs NEPHAT GACHUHI KIMANI[2002]eKLR | ||
Case Number: civ case 2416 of 95 | Date Delivered: 22 Oct 2002 |
Judge: Erastus Mwaniki Githinji
Court: High Court at Nairobi (Milimani Law Courts)
Parties: HOSEA MWANGI GACHIRA vs NEPHAT GACHUHI KIMANI
Advocates:
Citation: HOSEA MWANGI GACHIRA vs NEPHAT GACHUHI KIMANI[2002]eKLR
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Hussein T/a MN Transporters V Agro-Chemical & Food Company Ltd [2002] EKLR | ||
Case Number: Civil Case 717 of 1990 | Date Delivered: 22 Oct 2002 |
Judge: John Wycliffe Mwera
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Hussein t/a MN Transporters v Agro-Chemical & Food Company Ltd
Advocates:
Citation: Hussein t/a MN Transporters v Agro-Chemical & Food Company Ltd [2002] eKLR
Hussein t/a MN Transporters v Agro-Chemical & Food Company Ltd
High Court, at Nairobi
October 22, 2002
Mwera J
Civil Case No 717 of 1990
Contract – written contract - contract expiring – plaintiff declining to sign a new contract – parties continuing trading after expiry of contract – previous contract providing for 6 months termination notice – defendant terminating contract after giving 2 months notice – whether parties bound by terms of previous contract.
Contract – breach of contract – plantiff claiming damages for breach – no written contract existing at the time of alleged breach – whether plaintiff entitled to damages for breach.
The plaintiff had a written contract with the defendant on the basis of which the parties traded. When the contract expired the defendant prepared a new contract and sent it to the plaintiff for approval. This contract was however not signed by the plaintiff. The parties then continued trading but the defendant then terminated the contract after giving two months notice even though the original contract provided for six months notice. The plaintiff filed suit claiming damages for unlawful termination and breach of contract. The defendant counterclaimed for loss during transportation and certain monies due to the Customs department.
Held:
1. When the plaintiff declined to renew the contract after the previous one expired, there was nothing more between the parties binding them e.g on the six months notice. It could not be assumed that the terms that applied when a contractual relationship existed continued in force even when there was no contract in force.
2. The nature of the subsequent relationship may be inferred from the conduct of the parties and in this case it looked like the plaintiff was operating on a month to month basis because his payments were made that way. The court was therefore unable to find that the plaintiff was entitled to six months notice to terminate a contract which contract he had declined to sign.
3. There having been no contract to breach and so none was breached, the plaintiff was not entitled to general damages.
Suit dismissed, Defendant’s counterclaim allowed.
Cases
1. Bilquis Cinema Ltd v Monteiro [1967] EA 145
2. Sande, Charles v Kenya Co-operative Creameries Ltd Civil Appeal No 154 of 1992
3. Bagine, David v Martin Bund Civil Appeal No 283 of 1996
4. Kinyanjui, Johnson & another v Rachel Wahito Thande & others Civil Appeal No 284 of 1997
Statutes
No statutes referred.
Advocates
Etole for the Plaintiff
Obaga for the Defendant
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CYPRIAN KUBAI Vs STANLEY KAIYONGI MWENDA[2002] EKLR | ||
Case Number: misc 612 of 02 | Date Delivered: 22 Oct 2002 |
Judge: John Micheal Khamoni
Court: High Court at Nairobi (Milimani Law Courts)
Parties: CYPRIAN KUBAI vs STANLEY KAIYONGI MWENDA
Advocates:
Citation: CYPRIAN KUBAI vs STANLEY KAIYONGI MWENDA[2002] eKLR
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East African Foundry Works (K) Ltd V Kenya Commercial Bank Ltd [2002] EKLR | ||
Case Number: Civil Suit 1077 of 2002 | Date Delivered: 22 Oct 2002 |
Judge: Aaron Gitonga Ringera
Court: High Court at Nairobi (Milimani Law Courts)
Parties: East African Foundry Works (K) Ltd v Kenya Commercial Bank Ltd
Advocates:
Citation: East African Foundry Works (K) Ltd v Kenya Commercial Bank Ltd [2002] eKLR
East African Foundry Works (K) Ltd v Kenya Commercial Bank Ltd
High Court, at Nairobi
October 22, 2002
Ringera J
Civil Suit No 1077 of 2002
Civil Practice and Procedure – affidavit - what deponent may depose to in interlocutory applications – whether an advocate may swear affidavit on behalf of his client in relation to contested matters of fact – what an advocate may/may not depose to in an affidavit - who is the appropriate person between a client and advocate to swear affidavit in reply to another affidavit sworn by rival advocate.
Advocate - affidavit - whether advocate may swear affidavit on client’s behalf - whether advocate may depone affidavit on - contested matters of fact - what an advocate may or may not depone to in an affidavit.
The defendant in this case had challenged ex-parte injunctive orders issued to the plaintiff which restrained the defendant from appointing a receivemanager to run the affairs of the plaintiff to recover a debt. An application filed by the defendant to set aside the said ex-parte orders was opposed by the plaintiff on the ground that the application was incompetent as the supporting affidavit contained contested matters of fact and the same was deposed to by an advocate who had no personal knowledge of the contested matters and the Plaintiff further argued that paragraph 3, 4 and 8(c) of the affidavit must be struck out.
The defendant contended that the advocate was replying to an affidavit deposed to by another advocate and it was not reasonable for a client to respond to the depositions of an advocate.
Held:
1. An advocate should not be allowed to depose, on behalf of his client, on contentious matters which he has no personal knowledge in a case where he is appearing as counsel.
2. Paragraph 3, 4 and 8(c) of the affidavit would be struck out because they contained statements of facts of which the advocate had no personal knowledge;
3. Such an affidavit offended Order XVIII rule 3(1) of the Civil Procedure Rules.
Cases
1. Caneland Limited v Dolphine Holdings & another High Court Civil Case No 1135 of 1998
2. Ngaca, Joseph Mwema v United Insurance Company Ltd High Court Civil Case No 1409 of 2000
Statutes
Civil Procedure Rules (cap 21 Sub Leg) order XVIII rule 3(1)
Advocates
Mr Akiwumi for the Defendant.
Mr Ngatia for the Plaintiff.
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HUDSONENTERPRISES LIMTIED Vs KENYA COLD STORAGE (FOODS) LIMITED & 11 OTHERS[2002]eKLR | ||
Case Number: civ case 1267 of 01 | Date Delivered: 22 Oct 2002 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Nairobi (Milimani Law Courts)
Parties: HUDSONENTERPRISES LIMTIED vs KENYA COLD STORAGE (FOODS) LIMITED & 11 OTHERS
Advocates:
Citation: HUDSONENTERPRISES LIMTIED vs KENYA COLD STORAGE (FOODS) LIMITED & 11 OTHERS[2002]eKLR
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K. H. Osmond V Daima Bank Limited & Another [2002] EKLR | ||
Case Number: Civil Appeal (Application) 72 of 2001 | Date Delivered: 22 Oct 2002 |
Judge: Riaga Samuel Cornelius Omolo, Effie Owuor, Richard Otieno Kwach
Court: Court of Appeal at Nairobi
Parties: K. H. Osmond v Daima Bank Limited & Whitestone Auctioneers (K) Ltd
Advocates:
Citation: K. H. Osmond v Daima Bank Limited & another [2002] eKLR
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Kimani V Republic [2002] EKLR | ||
Case Number: Criminal Appeal 132 of 2003 | Date Delivered: 22 Oct 2002 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Samuel Aloice Kimani v Republic
Advocates:
Citation: Kimani v Republic [2002] eKLR
Criminal Law - charge of being in possession of narcotic drugs - appellant found in possession of 1,260 stones of bhang worth shs 2.5 million - convicted to ten years imprisonment or a fine of 2.5 million on his own plea of guilty - appeal - whether appellant's plea of guilty was unequivocal - whether charge was read to him in a language he understood - sentence reduced to five years imprisonment or a fine of kshs 1 million
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NAHENDRA DAHYABHAI PATEL & ANOR Vs RASIKBHAI DAHYABHAI & 4 OTHERS[2002]eKLR | ||
Case Number: civ case 1904 of 89 | Date Delivered: 18 Oct 2002 |
Judge: Philip Nyamu Waki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: NAHENDRA DAHYABHAI PATEL & ANOR vs RASIKBHAI DAHYABHAI & 4 OTHERS
Advocates:
Citation: NAHENDRA DAHYABHAI PATEL & ANOR vs RASIKBHAI DAHYABHAI & 4 OTHERS[2002]eKLR
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