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Bayusuf Grain Millers V Bread Kenya Limited [2005] EKLR
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Case Number: Civil Case 68 of 2004 |
Date Delivered: 13 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Bayusuf Grain Millers v Bread Kenya Limited
Advocates:
Citation: Bayusuf Grain Millers v Bread Kenya Limited [2005] eKLR
[RULING]- Civil Procedure and Practice - Order XXXVIII Rules 1,5 and 12 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act - orders of this court for a warrant of attachment of moveble assets before judgment be issued - Orders sought to compel party to furnish security - Whether it has been established by affidavit evidence that there is an intention to sell assets and abscond jurisdiction of the court with aim of defeating appellant's claim - When an order of attachment before judgment can be made - Burden of proof placed on a person seeking for order of attachment before judgment.
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HENRY GITONGO WAMBURA V A.H. SHETH []
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Case Number: Civil Suit 48 of 1998 |
Date Delivered: 13 May 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: HENRY GITONGO WAMBURA V A.H. SHETH
Advocates:
Citation: HENRY GITONGO WAMBURA V A.H. SHETH []
[RULING] Civil Practice and Procedure-preliminary objection-jurisdiction-whether the high court has jurisdiction to hear and determine a dispute involving a protected tenancy-Rent Restriction Act (cap.296), Section 4-RES JUDICATA-where the matter has previously been determined by the Rent Tribunal in the first instance and by the High Court on appeal-whether the matter falls under res judicata
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Charles Omukumba Nyangala V Republic [2005] EKLR
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Case Number: Criminal Appeal 125 of 2003 |
Date Delivered: 13 May 2005 |
Judge:
Court: High Court at Kakamega
Parties: Charles Omukumba Nyangala v Republic
Advocates:
Citation: Charles Omukumba Nyangala v Republic [2005] eKLR
Criminal law - stock theft contrary to the Penal Code section 278 - appellant convicted on his own plea of guilty - appeal - whether the plea of guilty was unequivocal - whether the plea had been induced by harassment,threats,and torture
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Peter Njoroge Mwangi V Republic [2005] EKLR
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Case Number: Criminal Appeal 245 of 2002 |
Date Delivered: 13 May 2005 |
Judge: Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Peter Njoroge Mwangi v Republic
Advocates:
Citation: Peter Njoroge Mwangi v Republic [2005] eKLR
Criminal law - appellant convicted of attempted robbery with violence - concurrent findings of fact made by the trial magistrate and the High Court on appeal - prosecution's evidence leaving a doubt - appellant given the benefit of the doubt - appeal allowed.
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Republic V Chairman,Kamukuywa Lands Disputes Tribunal Court Ex-parte Thamson Namunyu Njibwakale & Another [2005] EKLR
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Case Number: Misc Civ Appli 30 of 2004 |
Date Delivered: 13 May 2005 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Bungoma
Parties: Republic v Chairman,Kamukuywa Lands Disputes Tribunal Court ex-parte Thamson Namunyu Njibwakale; Samwel Wamalwa Kuchikhi (Applicants) Waycliffe Wanyonyi Kasaka (Interested party)
Advocates:
Citation: Republic v Chairman,Kamukuywa Lands Disputes Tribunal Court ex-parte Thamson Namunyu Njibwakale & another [2005] eKLR
[RULING] Judicial review - application for orders of certiorari and prohibition - Order LIII rule 3 (1) of the Civil Procedure Rules - preliminary objection that the motion became fatally defective when it failed to cite the provisions of sections 8 and 9 of the Law Reform Act - the failure to cite the provisions of Sections 8 and 9 of the Law Reform Act is not fatal so long as a party has cited the provisions of Order LIII of the Civil Procedure rules. In any case no prejudice suffered by either side in these proceedings - preliminary objection dismissed.
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Moru Ndenge Boru & Another V Republic [2005] EKLR
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Case Number: Criminal Appeal 19 of 2001 |
Date Delivered: 13 May 2005 |
Judge: Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Moru Ndenge Boru & ABDUB DEBANO BOYE v Republic
Advocates:
Citation: Moru Ndenge Boru & another v Republic [2005] eKLR
Criminal law - charges of robbery with violence and illegal possession of firearm and ammunition - CRIMINAL PRACTICE AND PROCEDURE - where an accused person is convicted on more than one capital charge - court should pronounce a sentence of death on only one count and leave the others in abeyance - EVIDENCE - appellant challenging the identification evidence - where the High Court on first appeal has failed to discharge its duty to re-evaluate the evidence and draw its own conclusions - second appeal must ipso facto succeed
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John Munene Karanja V Republic [2005] EKLR
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Case Number: Criminal Appeal 10 of 2000 |
Date Delivered: 13 May 2005 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: John Munene Karanja v Republic
Advocates:
Citation: John Munene Karanja v Republic [2005] eKLR
Criminal law - charge of robbery with violence - accused person convicted and sentenced to death - appeal challenging the evidence of identification - trial court entitled to convict the appellant relying on evidence identification corroborated by evidence of recent possession - additional corroboration afforded by the appellant's retracted confession
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Bayusuf Grain Millers V Bread Kenya Limited [2005] EKLR
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Case Number: Civil Case 68 of 2004 |
Date Delivered: 13 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Bayusuf Grain Millers v Bread Kenya Limited
Advocates:
Citation: Bayusuf Grain Millers v Bread Kenya Limited [2005] eKLR
[RULING]Civil Procedure - application for warrant of attachment before judgment against the defendant's movable assets - additional prayer for the defendant to furnish security - applicant alleging that the defendant's proprietors and directors were about to abscond and leave the jurisdiction of the court and to dispose part or whole of its assets - matters that the applicant is required to establish to the court - Civil Procedure Rules order XXXVIII
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AINEA MAKOKHA WERUNGA V SAYA CHILALI [2005] EKLR
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Case Number: Succession Cause 422 of 2002 |
Date Delivered: 13 May 2005 |
Judge: George Benedict Maina Kariuki
Court: High Court at Kakamega
Parties: AINEA MAKOKHA WERUNGA v SAYA CHILALI
Advocates:
Citation: AINEA MAKOKHA WERUNGA v SAYA CHILALI [2005] eKLR
[RULING] Law of Succession-letters of administration-revocation-application based on the grounds that the applicant was the son of the deceased whereas the respondent was a cousin of the deceased-whether the applicant was entitled to take out the letters of administration and to administer the estate of his late father-validity of the application
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REPUBLIC V DAVID OKUSIMBA ODONGO [2005] EKLR
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Case Number: Criminal Case 11 of 2002 |
Date Delivered: 13 May 2005 |
Judge: George Benedict Maina Kariuki
Court: High Court at Kakamega
Parties: REPUBLIC v DAVID OKUSIMBA ODONGO
Advocates:
Citation: REPUBLIC v DAVID OKUSIMBA ODONGO [2005] eKLR
[Ruling] CRIMINAL LAW murder accused was charged with the murder of his wife where the evidence adduced by the prosecution was circumstantial no one saw the accused commit the murder whether the circumstantial evidence was enough for the court t draw an inference of guilt on the part of the accused Penal Code section 203 as read with 204
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