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Mukuyu-ini Farners Co. Ltd V Njomo Njenga T/a Njomo Njenga & Co. Advocates [2005] EKLR
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Case Number: Civil Suit 1000 of 2004 |
Date Delivered: 13 May 2005 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mukuyu-ini Farners Co. Ltd v Njomo Njenga t/a Njomo Njenga & Co. Advocates
Advocates:
Citation: Mukuyu-ini Farners Co. Ltd v Njomo Njenga t/a Njomo Njenga & Co. Advocates [2005] eKLR
[RULING]Civil Practice and Procedure - application to strike out application on the ground that its filing was not authorized by the plaintiff corporate body and that some of the purported directors had no legal capacity.
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Alexander Kipkoech Kosgey V Frederick Towet & 4 Others [2005] EKLR
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Case Number: Civil Case 467 of 1995 |
Date Delivered: 13 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Alexander Kipkoech Kosgey v Fredrick Towet; Stephen Soi; Jackson Maritim; Joseph Kipkorir Mutai t/a Ngererit Dairy Famers; Kabarak Ltd
Advocates:
Citation: Alexander Kipkoech Kosgey v Frederick Towet & 4 others [2005] eKLR
Running down cause - action for damages arising out of negligence - road traffic accident - accident involving a car and a combine harvester - determination of liability - measure of general damages for personal injuries - severe cervical spine injury,claw hands,reduced muscle power and tenderness on the posterior aspect of the neck,paralysis of lower limbs - quantum of damages.IVIL CASE NO
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Republic V Willy Kipruto Ngetich & Another [2005] EKLR
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Case Number: Criminal Case 28 of 2002 |
Date Delivered: 13 May 2005 |
Judge: George Matatia Abaleka Dulu
Court: High Court at Kitale
Parties: Republic v Willy Kipruto Ngetich; David Kibitok Chepkwony
Advocates:
Citation: Republic v Willy Kipruto Ngetich & another [2005] eKLR
Criminal law - charge of murder - duty of the prosecution to establish the case against an accused person beyond reasonable doubt - case depending exclusively on circumstantial evidence - test that the court must apply before convicting in such a case.
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Abdirashim Sora V Republic [2005] EKLR
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Case Number: Criminal Appeal 510 of 2002 |
Date Delivered: 12 May 2005 |
Judge: Jessie Wanjiku Lesiit, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Abdirashim Sora v Republic
Advocates:
Citation: Abdirashim Sora v Republic [2005] eKLR
CRIMINAL LAW - charges of robbery with violence and unlawful possession of a firearm - accused convicted on the first count and sentenced to death - duty of the prosecution to prove a charge beyond reasonable doubt - where the prosecution's evidence is contentious,benefit of doubt to be resolved in favour of the accused.
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Excelation Limited V Commercial Transporters Limited [2005] EKLR
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Case Number: Civil Case 1066 of 2001 |
Date Delivered: 12 May 2005 |
Judge:
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Excelation Limited v Commercial Transporters Limited
Advocates:
Citation: Excelation Limited v Commercial Transporters Limited [2005] eKLR
Civil Practice and Procedure - application to reinstate suit dismissed for non attendance by plaintiff - Reasons: the advocate for the defendant had gone to attend to a sick relation - claim disputed by advocate for the defendant who stated advocate was actually in another court - the litigant should not be made to suffer for the advocate’s failure to attend court - the orders dismissing suit be set aside - Advocate to personally pay the costs.
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J.R. Githere V Munishram International Business Machines Ltd [2005] EKLR
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Case Number: Civil Appeal 127 of 2000 |
Date Delivered: 12 May 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: J.R. Githere v Munishram International Business Machines Ltd
Advocates:
Citation: J.R. Githere v Munishram International Business Machines Ltd [2005] eKLR
Landlord and Tenant - Action for recovery of arrears of rent - judgment entered in favour of tenant - appeal - appellant arguing that he was not the tenant and was therefore not liable for the rent - whether appellant liable.
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Joseis Wanjiru Alias Joseis Wairimu V Kabui Ndegwa Kabui & Another [2005] EKLR
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Case Number: Civil Appli NAI 110 of 1996 (NYR. 14/1996) |
Date Delivered: 12 May 2005 |
Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell
Court: Court of Appeal at Nyeri
Parties: Joseis Wanjiru alias Joseis Wairimu v Kabui Ndegwa Kabui (personal representative of Ndegwa Kabui (Deceased)); Catherine Wairimu Baaru
Advocates:
Citation: Joseis Wanjiru alias Joseis Wairimu v Kabui Ndegwa Kabui & another [2005] eKLR
[RULING] Civil Practice and Procedure - Application for extension of time to file notice and record of appeal - appellate refusing the application and failing to give reasons for his decision - whether this was a proper exercise of judicial discretion - reference of the decision to a full appellate court - whether full court entitled to interfere with the single judge's decision.
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J M M V Mohamemd Ismael Jin & 2 Others [2005] EKLR
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Case Number: Civil Case 3063 of 1997 |
Date Delivered: 12 May 2005 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: J M M (suing as the personal representative of R M M (Deceased) v Mohamemd Ismael Jin; Pembe Flour Mills; Citi Bank NA Ltd
Advocates:
Citation: J M M v Mohamemd Ismael Jin & 2 others [2005] eKLR
Civil Practice and Procedure - Application for settlement and appointment of the dependents - Held: The amount under the Fatal Accidents Act giving to the dependents is not permitted to be available to the creditors
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Samuel Kamau Macharia & Another V The Attorney General & Another [2005] EKLR
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Case Number: Civil Case 4664 of 1987 |
Date Delivered: 12 May 2005 |
Judge: Mary Atieno Ang'awa
Court: High Court at Nairobi (Milimani Law Courts)
Parties: James Imbwoga Shiyoya v Stephen Njoroge & others
Advocates:
Citation: Samuel Kamau Macharia & another v The Attorney General & another [2005] eKLR
[RULING]Civil Procedure - dismissal of suit for want of prosecution under the Civil Procedure Rules order XVI rule 6 - plaintiff granted an order for reinstatement of the suit - whether that order gave the court jurisdiction to proceed with the hearing of the suit - whether plaintiff should file a fresh suit.
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Francis Mbugua Kiarie V Peter Tharao Kiarie [2005] EKLR
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Case Number: Civil Case 479 of 2000 |
Date Delivered: 12 May 2005 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Francis Mbugua Kiarie v Peter Tharao Kiarie
Advocates:
Citation: Francis Mbugua Kiarie v Peter Tharao Kiarie [2005] eKLR
Civil Practice and Procedure - abatement of suit upon death of plaintiff - application to revive suit by substituting the legal representative of the plaintiff - application made more than a year after the suit had abated - duty of applicant to show the she was prevented by sufficient cause from continuing with the suit - where suit had abated before the letters of administration had been issued - whether such circumstances disclosed sufficient cause.
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