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Valley Bakery Ltd & Another Musyoki [2005] EKLR
Case Number: Civil Appeal 74 of 2002	Date Delivered: 21 Jan 2005

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: Valley Bakery Ltd; Alfred Ambululi Ogalo v Mathew Musyoki

Advocates:

Citation: Valley Bakery Ltd & another Musyoki [2005] eKLR

Road traffic accident - collision between motor vehicle and bicycle - action for damages arising out of negligence - assessment of damages for personal injuries.

SARAH HERSI MOGHE V NATIONAL BANK OF KENYA [2005] EKLR
Case Number: Civil Suit 39 of 2004	Date Delivered: 21 Jan 2005

Judge: Joseph Kiplagat Sergon

Court: High Court at Bungoma

Parties: SARAH HERSI MOGHE V NATIONAL BANK OF KENYA

Advocates:

Citation: SARAH HERSI MOGHE V NATIONAL BANK OF KENYA [2005] eKLR

[RULING] Civil Procedure - dispute between a mortgagor and mortgagee - manner of filing such a suit - whether by plaint or by originating summons - Civil Procedure Rules Order XXXVI rule 3A - whether the provisions of the rule are mandatory

Kamau Kimani V Ol’Kalou Farmers Savings And Credit Co-operative Society Ltd [2005] EKLR
Case Number: Civil Case 204 of 2004	Date Delivered: 21 Jan 2005

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: Kamau Kimani v Ol’kalou Farmers Savings & Credit Co-Operative Society Ltd

Advocates:

Citation: Kamau Kimani v Ol’Kalou Farmers Savings and Credit Co-operative Society Ltd [2005] eKLR

(Ruling) - injunction Order XXXIX Civil Procedure Rules - factors to be considered - auction - whether properly conducted

Daniel Gitau Wamukuha V Nyandarua Progressive Agencies & 5 Others [2005] EKLR
Case Number: Civil Suit 268 of 2004	Date Delivered: 21 Jan 2005

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: Daniel Gitau Wamukuha v Nyandarua Progressive Agencies; Salome Wanjiru; Sammy Dan Tum; Mrs Nyoike Ngure; Mrs Ngigi & Ruth Wanyoike

Advocates:

Citation: Daniel Gitau Wamukuha v Nyandarua Progressive Agencies & 5 others [2005] eKLR

[Ruling] – INJUNCTION – temporary injunction – application for – plaintiff sought an order restraining the defendant from trespassing onto his land – where the plaintiff claimed legal rights over the land – applicable principles – whether the plaintiff established a prima facie case - Civil Procedure Act (Cap. 21) Section 3A; Civil Procedure Rules Order XXXIX Rule 1, 2, 3 and 9

Isaya Simiyu Matete V Moses Wasike Matete [2005] EKLR
Case Number: Misc Civil Appli 167 of 2003	Date Delivered: 21 Jan 2005

Judge: Joseph Kiplagat Sergon

Court: High Court at Bungoma

Parties: Isaya Simiyu Matete v Moses Wasike Matete

Advocates:

Citation: Isaya Simiyu Matete v Moses Wasike Matete [2005] eKLR

[RULING]Civil Procedure - application for setting aside an order of stay of execution - sections 3,3A and 63 (c ) and (e) of the Civil Procedure Act and Order L rule 17 of the Civil Procedure rules - alternative prayer for an order of injunction

PAUL ETEMESI & 11 Others V EXECUTIVE COUNCIL CHURCH OF GOD IN EASTAFRICA (Kenya) & 2 Others [2005] EKLR
Case Number: Civil Suit 1506 of 2000	Date Delivered: 21 Jan 2005

Judge: Paul Kihara Kariuki

Court: High Court at Nairobi (Milimani Law Courts)

Parties: PAUL ETEMESI, SEPHANIA AKHONYA, JAMES MABINDA, ZEBEDEE OSABWA & 8 others (Suing on their own behalf and on behalf of the members of the local congregation of Buru Buru Community Centre Church of God in East Africa (Kenya) v EXECUTIVE COUNCIL CH

Advocates:

Citation: PAUL ETEMESI & 11 others v EXECUTIVE COUNCIL CHURCH OF GOD IN EASTAFRICA (Kenya) & 2 others [2005] eKLR

[RULING] - Civil Procedure and Practice - Interpretation of Order 17 rule 10(1) of the Civil Procedure Rules - Where before writing a ruling a judge retires from the bench.

Contract law - Contempt of court - Where a consent order has been entered - Breach of consent order - How the court treats a charge of contempt of court - Whether disagreement with an order constitutes disobedience of the order.

Kipkoech V Republic [2005] EKLR
Case Number: Criminal Appeal No. 293 of 2004	Date Delivered: 21 Jan 2005

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: Abraham Mengich Kipkoech vs Republic

Advocates:

Citation: Kipkoech v Republic [2005] eKLR

Criminal Law - entering a dwelling house with intent to commit a felony contrary to Section 305 (1) of the Penal Code EVIDENCE - DUTY OF APPELLATE COURT TO CONSIDER CONFLICTING EVIDENCE ON MATTERS OF FACT AND DRAWING ITS OWN INFERENCES

Satpal Kaur Rihal V Surinder Singh Rihal [2005] EKLR
Case Number: Succession Cause 163 of 1999	Date Delivered: 21 Jan 2005

Judge: Martha Karambu Koome

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Satpal Kaur Rihal v Surinder Singh Rihal

Advocates:

Citation: Satpal Kaur Rihal v Surinder Singh Rihal [2005] eKLR

[RULING]Family law - divorce - dissolution of marriage - application by wife/petitioner for enforcement of court decree for the payment of monthly maintenance by a father to two children - applicant asking that ex-husband be committed to civil jail if he defaults on payment - applicant alleging that respondent had failed to comply with the order to pay maintenance - respondent/ex-husband alleging that he was unable to meet the maintenance payment because he was unemployed and depended on his relative for upkeep - whether under rule 59(1) of the Matrimonial Causes Rules the financial circumstances of a person who defaults in paying maintenance are relevant in considering whether to make an order for the attachment of the person or his/her property.

Kabera Vs Kigumo Maendeleo Farmers And Others [2004] EKLR
Case Number: Civil Case No. 4777 Of 1990	Date Delivered: 21 Jan 2005

Judge: Murugi Geteria Mugo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Stephen Kigima Kabera vs Kigumo Maendeleo Farmers,Gabriel Gakuru Mugo

Advocates:

Citation: Kabera vs Kigumo Maendeleo Farmers and others [2004] eKLR

[ruling] civil procedure - taxation

Kipkoech Vs Republic [2005] EKLR
Case Number: Criminal Appeal No. 293 Of 2004	Date Delivered: 21 Jan 2005

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: Abraham Mengich Kipkoech vs Republic

Advocates:

Citation: Kipkoech vs Republic [2005] eKLR

criminal law - entering a dwelling house with intent to commit a felony contrary to Section 305 (1) of the Penal Code - impersonating a public officer contrary to Section 105(b) of the Penal Code