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Karen Roses Limited Vs The Attorney General And Four Others [2004] EKLR
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Case Number: Civil Suit No. 117 Of 2004 |
Date Delivered: 26 Jan 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Karen Roses Limited vs Attorney General, District Commissioner Uasin Gishu District, Divisional Criminal Investigation Officer,The Public Works Officer – Uasin Gishu ,The Officer Commanding Police Station Eldoret
Advocates:
Citation: Karen Roses Limited vs the Attorney General and four others [2004] eKLR
(ruling) Civil Practice - institution of suit by a public officer - that a public officer cannot institute a suit connected to his official position without the written consent of the Attorney General as per Regulation G 54 of the Public officer Code of Regulations
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Karen Roses Limited Vs The Attorney General And Four Others [2005] EKLR
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Case Number: Civil Suit No. 117 Of 2004 |
Date Delivered: 26 Jan 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Karen Roses Limited vs Attorney General, District Commissioner Uasin Gishu District, Divisional Criminal Investigation Officer,The Public Works Officer – Uasin Gishu ,The Officer Commanding Police Station Eldoret
Advocates:
Citation: Karen Roses Limited vs the Attorney General and four others [2005] eKLR
(ruling) Civil Practice - institution of suit by a public officer - that a public officer cannot institute a suit connected to his official position without the written consent of the Attorney General as per Regulation G 54 of the Public officer Code of Regulations
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Mohammed Vs Kenya Commercial Bank Limited [2005] EKLR
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Case Number: Civil Case No. 588 Of 2003 |
Date Delivered: 26 Jan 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Abdul Kader Mohammed vs Kenya Commercial Bank Limited
Advocates:
Citation: Mohammed vs Kenya Commercial Bank Limited [2005] eKLR
[RULING] CIVIL PRACTICE - application for injunction against chargee redeeming mortgage on reliance on section 69 of the Indian Transfer of Property Act (ITPA) in that chargee's notice of sale does not specify that sale of the property would take place after expiry of three (3) months after service of the notice unless the outstanding sums are paid - GROUNDS FOR GRANT OF INTERLOCUTORY INJUNCTION - PRIMA FACIE CASE WITH CHANCES OF SUCCESS
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Samuel M. W’Njuguna V Coffee Board Of Kenya [2005] EKLR
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Case Number: Civil Suit 26 of 1998 |
Date Delivered: 26 Jan 2005 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Samuel M. W’Njuguna v Coffee Board of Kenya
Advocates:
Citation: Samuel M. W’Njuguna v Coffee Board of Kenya [2005] eKLR
[RULING] Civil Practise and Procedure - stay of execution pending appeal - sufficient cause not shown by applicant to stay the execution of the judgment - application dismissed
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A.I.P.C.A Meru Central Diocese,St. Eliuta A.I.P.C.A Marimba V Elizabeth Munyange Rukaria [2005] EKLR
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Case Number: Civil Case 100 of 2004 |
Date Delivered: 25 Jan 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: A.I.P.C.A Meru Central Diocese and Another v Elizabeth Munyange Rukaria
Advocates:
Citation: A.I.P.C.A Meru Central Diocese,St. Eliuta A.I.P.C.A Marimba v Elizabeth Munyange Rukaria [2005] eKLR
Civil procedure and practice - injunction - application under Order 39 Rules 1 and 2 of the Civil Procedure Rules (CPR) Section 3 and 3A of The Civil Procedure Act (Chapter 21 Laws of Kenya to confirm ex parte orders - that defendant must nevertheless be given right to defend himself
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David Nguku Mutweia V Joel Kitonyi Nzioki [2005] EKLR
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Case Number: Civil Appeal 31 of 2003 |
Date Delivered: 25 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: David Nguku Mutweia v Joel Kitonyi Nzioki
Advocates:
Citation: David Nguku Mutweia v Joel Kitonyi Nzioki [2005] eKLR
[RULING] – Civil Procedure and Practice – Application to stay orders of lower court pending the hearing and determination of an appeal – Application for order of injunction - Order 41 Rule 4 (1) 2 (b) and (6) of the Civil Procedure Rules - Section 3A Civil Procedure Act - Sufficient cause for the issuance of an order of stay pending appeal – Does the filing of an appeal operate as stay – Consequences of not depositing security for appearance in court – Where counsel’s charge is not pursuant with a court order – Application dismissed.
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Mulwa Katungati V James Muimi Munyalo [2005] EKLR
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Case Number: Civil Appeal 66 of 2004 |
Date Delivered: 25 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: Mulwa Katungati v James Muimi Munyalo
Advocates:
Citation: Mulwa Katungati v James Muimi Munyalo [2005] eKLR
[RULING]- Civil Procedure and Practice - Application seeking orders that court set aside orders made - Stay of execution pending the hearing and determination of the appeal - Order 21 Rule 22,Order 50 Rule 1,Order 41 Rule 1,Civil Procedure Rules - Section 3A Civil Procedure Act - Wrong procedure in an application for stay - Conditions the applicant must fulfil before a stay can be ordered - An order for providing of security is mandatory for an order of stay to issue - Discretion of the court in making orders - Application dismissed.
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ULUNGALU NA UTANU YATTA TRADING INDUSTRY & TRANPSORT CO. LTD V FRANCIS MUTUA MBOYA P/A MUTUA MBOYA & COMPANY ADVS. & Another [2005] EKLR
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Case Number: Civil Case 72 of 2003 |
Date Delivered: 25 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: ULUNGALU NA UTANU YATTA TRADING INDUSTRY & TRANPSORT CO. LTD v FRANCIS MUTUA MBOYA P/A MUTUA MBOYA & COMPANY ADVS. & NGANGA NGIGI P/A NG’ANG’A NGIGI & CO. ADVOCATES
Advocates:
Citation: ULUNGALU NA UTANU YATTA TRADING INDUSTRY & TRANPSORT CO. LTD v FRANCIS MUTUA MBOYA P/A MUTUA MBOYA & COMPANY ADVS. & another [2005] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – applicant sought orders to restrain the respondent from dealing with the suit property – where the applicant claims that the respondent acquired title illegally – applicable principles – whether the applicant established a prima facie case
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Republic V Rabala & 4 Others [2005] EKLR
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Case Number: Criminal Case 1 of 2003 |
Date Delivered: 25 Jan 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Republic v Cpl. Erastus Rabala; Pc. David Thuo; Pc. Caxon Malesi; Pc. Ramson Muriithi; Pc. Joseph Njoroge
Advocates:
Citation: Republic v Rabala & 4 others [2005] eKLR
[Ruling] Criminal procedure - charge of murder - duty of the prosecution to establish a prima facie case sufficient to require the accused person to be put on his defence.
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Republic V Attorney General & Another [2005] EKLR
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Case Number: Misc Civ Appli 59 of 2002 |
Date Delivered: 25 Jan 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: Republic v Attorney General; Stephen Sivu Mitau
Advocates:
Citation: Republic v Attorney General & another [2005] eKLR
[RULING] Judicial review - certiorari and prohibition - application seeking to quash and halt criminal proceedings in a subordinate court - applicant having been charged with causing grevious bodily harm - trial magistrate accepting evidence of a purported reconciliation between the applicant and the complainant - applicant challenging the admission of the evidence terming it irrelevant and inadmissible - scope and purpose of judicial review - circumstances in which an order of certiorari will be issued.
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