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ALEX MUSYOKA MAKAU & 3 OTHERS V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 550 ,551 & 552 of 2002 |
Date Delivered: 15 Mar 2005 |
Judge: Fred Andago Ochieng, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ALEX MUSYOKA MAKAU,JOHN MUSYOKA MUTHENGI & PETER MUTHUI MWENGA V REPUBLIC
Advocates:
Citation: ALEX MUSYOKA MAKAU & 3 OTHERS V REPUBLIC [2005] eKLR
CRIMINAL LAW – Robbery with violence – where the accused persons were charged and convicted on various counts of the offence – Penal Code (Cap 63) section 296(2)
EVIDENCE – witness – identification – circumstances under which the identification was done – whether it was sufficient to sustain a conviction
EVIDENCE – where the accused person led the police to where they had hidden the stolen items – whether this was sufficient evidence to convict
DEFENCE – failure to consider - proof of – effect of - whether court conducted itself rightfully
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PAUL THUO MBURU V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal 577 of 2002 |
Date Delivered: 15 Mar 2005 |
Judge: Jessie Wanjiku Lesiit, Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PAUL THUO MBURU V REPUBLIC
Advocates:
Citation: PAUL THUO MBURU V REPUBLIC [2005] eKLR
Robbery with violence - causing grevious bodily harm - accused person convicted and sentenced to death on the first count and to two years imprisonment on the second - sentence of imprisonmetn suspended - appeal - EVIDENCE - identification evidence - test which such evidence should satisfy in order for it to form a basis for a conviction - Penal Code sections 234, 269(2)
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Total Kenya Limited V Shabbir Motors Spares Limited [2005] EKLR
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Case Number: Civil Case 70 of 2000 |
Date Delivered: 14 Mar 2005 |
Judge: Leonard Njagi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Total Kenya Limited v Shabbir Motors Spares Limited
Advocates:
Citation: Total Kenya Limited v Shabbir Motors Spares Limited [2005] eKLR
civil procedure - application to strike oput suit for being an abuse of the court process
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DAVID KINYUA KABURU & ANOTHER V REPUBLIC [2005] EKLR
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Case Number: Criminal Appeal No. 114 & 121 of 2001 |
Date Delivered: 14 Mar 2005 |
Judge: David Anasi Onyancha, Ruth Nekoye Sitati
Court: High Court at Meru
Parties: DAVID KINYUA KABURU & BENJAMIN NKUNJO KIRIAMANA v REPUBLIC
Advocates:
Citation: DAVID KINYUA KABURU & ANOTHER V REPUBLIC [2005] eKLR
Criminal law - robbery with violence contrary to section 296(2) of the Penal Code - accused persons convicted on two counts of the offence and sentenced to death - appeal - duty of a first appellate court to consider the evidence on record - EVIDENCE - doctrine of recent possession - where a person is found in recent possession of stolen property - duty of such a person to explain how he had come to be in possession the property
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In Re The Estate Of Paul Andole Lubale (Deceased) [2005] EKLR
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Case Number: Succession Cause 376 of 2000 |
Date Delivered: 11 Mar 2005 |
Judge: GBM Kariuki
Court: High Court at Kakamega
Parties: Lawrence Nandi Andole v John Lusala Andole (In the Matter of th Estate of Paul Andole Lubale (Deceased))
Advocates:
Citation: In Re the Estate of Paul Andole Lubale (Deceased) [2005] eKLR
[RULING] Probate and Administration - application for revocation of grant of letters of administration and for a fresh grant to be made to the applicant - procedure for making such application - Rule 44 of Probate & Administration Rules is mandatory; application by Chamber Summons instead of Summons for Revocation or Annulment of Grant is incompetent.
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Caleb Nyang’au Manyiza V Republic [2005] EKLR
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Case Number: Criminal Appeal 7 of 2003 |
Date Delivered: 11 Mar 2005 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno
Court: Court of Appeal at Kisumu
Parties: Caleb Nyang’au Manyiza v Republic
Advocates:
Citation: Caleb Nyang’au Manyiza v Republic [2005] eKLR
Criminal Law,Procedure and Evidence - Appeal form conviction with charge of murder - Caution to suspect prior to taking statement - Whether caution must be phrased in voluntary terms or as an order - that caution must be issued in a language that the suspect understands - Whether improperly admitted documentary evidence can be excluded during appeal on basis that admission of the same during trial was due to a fault of counsel which ought not be visited on the appellant - that counsel is presumed to be acting on the appellant's instructions - that retraction of statement must be doen outright and not by implication in the course of cross examination
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Mumias Sugar Co Ltd V Zakayo Sakwa Oniango [2005] EKLR
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Case Number: Civil Appeal 22 of 2001 (2) |
Date Delivered: 11 Mar 2005 |
Judge: George Benedict Maina Kariuki
Court: High Court at Kakamega
Parties: Mumias Sugar Co Ltd v Zakayo Sakwa Oniango
Advocates:
Citation: Mumias Sugar Co Ltd v Zakayo Sakwa Oniango [2005] eKLR
[RULING] Civil Procedure - Application under section 78 (1)(d) of Civil Procedure Act to adduce fresh additional evidence - principles to be observed
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Officequip Services Ltd V Co-operative Bank Of Kenya Ltd [2005] EKLR
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Case Number: Civil Case 22 of 2005 |
Date Delivered: 11 Mar 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Officequip Services Limited v The Co-Operative Bank Of Kenya Limited
Advocates:
Citation: Officequip Services Ltd v Co-operative Bank of Kenya Ltd [2005] eKLR
[Ruling] - Mortgage - statutory power of sale - statutory notice Section 69A of the Transfer of Property Act -whether powers under that section disjunctive or conjuctive - whether dispute as to accounts ground for granting injunction - INTEREST - MORTGAGEE'S DUTY TO SHOW IT HAD A RIGHT VARY OR INCREASE RATE OF INTEREST
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JOHN KIRIMA & 8 OTHERS V CHEZER INVESTMENTS LTD & ANOTHER [2005] EKLR
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Case Number: Civil Suit 1120 of 2004 |
Date Delivered: 11 Mar 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOHN KIRIMA, CHARLES WANDUMO, VITALIS A. KODHIAMBO, DAVID OYULA,JOHN MAKAU,ANNA NYAMBURA,JOHN ONYANGO & KENYA HOTELS AND ALLIED WORKERS UNION v CHEZER INVESTMENTS LTD & KENYA UNION OF DOMESTIC HOTELS EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS(KUDHEIHA)
Advocates:
Citation: JOHN KIRIMA & 8 OTHERS V CHEZER INVESTMENTS LTD & ANOTHER [2005] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – applicant sought orders to restrain the respondent from running the hotel, declaring the employees redundant and representing the employees as their trade union – applicable principles in granting injunctions – whether the applicants established a prima facie case
TRADE UNIONS – where two trade unions claimed to represent the employees in a hotel – factors courts consider in such applications - whether there was a recognition agreement between the employers and the trade unions
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MUMIAS SUGAR CO. LTD V ZAKAYO SAKWA ONIANGO [2005] EKLR
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Case Number: Civil Appeal 22 of 2001 |
Date Delivered: 11 Mar 2005 |
Judge: G.B.M. KARIUKI
Court: High Court at Kakamega
Parties: MUMIAS SUGAR CO. LTD v ZAKAYO SAKWA ONIANGO
Advocates:
Citation: MUMIAS SUGAR CO. LTD v ZAKAYO SAKWA ONIANGO [2005] eKLR
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