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GUCOKANIRIRIA KIHATO TRADERS AND FARMERS COMPANY LTD V ATTORNEY GENERAL [2006] EKLR
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Case Number: Civil Suit 1251 of 2002 |
Date Delivered: 23 Jun 2006 |
Judge: Joyce Adhiambo Aluoch
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GUCOKANIRIRIA KIHATO TRADERS AND FARMERS COMPANY LTD v ATTORNEY
GENERAL
Advocates:
Citation: GUCOKANIRIRIA KIHATO TRADERS AND FARMERS COMPANY LTD v ATTORNEY GENERAL [2006] eKLR
Land-allocation-where the plaintiff was allocated the suit land by the president and subsequently paid for it-where the letter of allotment was confiscated by the CID along with some cash-where the government subsequently lodged a caveat to the title claiming absolute ownership by virtue of taking possession-whether the plaintiff is entitled to a new allotment of land
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SOFTA BOTTLING COMPANY LTD & OTHERS V NAIROBI CITY COUNCIL [2006] EKLR
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Case Number: Civil Case 263 of 2005 |
Date Delivered: 23 Jun 2006 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: SOFTA BOTTLING COMPANY LTD & OTHERS v NAIROBI CITY COUNCIL
Advocates:
Citation: SOFTA BOTTLING COMPANY LTD & OTHERS v NAIROBI CITY COUNCIL [2006] eKLR
[RULING] Advocates-filing fees-where the advocate did not enter appearance or file a defence-whether full instruction fees can be earned in such circumstances
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MARTHA WAMBUI MUCHIRI V KANARD MIRITI & 4 Others [2006] EKLR
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Case Number: Civil Case 1239 of 2005 |
Date Delivered: 23 Jun 2006 |
Judge: M. G. MUGO
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MARTHA WAMBUI MUCHIRI v KANARD MIRITI, MARTIN NKONGE NJAGI, JOSEPH
MACHARIA MAINA, CITY COUNCIL OF NAIROBI & another
Advocates:
Citation: MARTHA WAMBUI MUCHIRI v KANARD MIRITI & 4 others [2006] eKLR
[Ruling] Civil Practice and Procedure - striking out of pleadings - application to strike out a plaint as it related to the 3rd defendant - grounds: that the plaint disclosed no cause of action against the 3rd defendant - meaning of a "cause of action" - whether to have a cause of action necessarily means that the party suing is bound to succeed in the action or that the party must have a right to that which he or she claims.
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SAMUEL GATHU KAMAU V PETER KANIU GATHUNGU [2006] EKLR
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Case Number: Civil Case 1932 of 1987 |
Date Delivered: 23 Jun 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SAMUEL GATHU KAMAU v PETER KANIU GATHUNGU
Advocates:
Citation: SAMUEL GATHU KAMAU v PETER KANIU GATHUNGU [2006] eKLR
[Ruling] Civil Practice and Procedure - stay of execution - application for say of a decree and for setting aside of ex parte judgment - grounds: that the applicant had not been served with a hearing notice and had a good defence to the claim, that he stood to suffer irreparable harm if the execution was to proceed - power of the High Court to set aside or vary a judgment and order - applicant appearing not to have been concerned with the litigation - application of the maxims of equity - equity follows the law - equity does not aid the indolent - Civil Procedure Rules Order 11B rule 8, Order 21 rule 22 - Civil Procedure Act section 3A
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WAMBUI KARIUKI V KAMAU MWANGI [2006] EKLR
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Case Number: Civil Case 526 of 1993 |
Date Delivered: 23 Jun 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WAMBUI KARIUKI v KAMAU MWANGI
Advocates:
Citation: WAMBUI KARIUKI v KAMAU MWANGI [2006] eKLR
[Ruling] Civil Practice and Procedure - stay of execution - application for stay of execution of a decree - plaintiff's suit having been dismissed for non-attendance - grounds for the application: that the plaintiff was mentally sick when the judgments were entered against her and her family would be rendered destitute if the orders were not set aside - plaintiff not having challenged the ex parte judgment at the time of the hearing of her counterclaim - no evidence that the plaintiff was under any mental disability at the time of the hearing - application refused.
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PETER GATIRAU MUNYA V REGIONAL REACH LIMITED & 3 Others [2006] EKLR
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Case Number: Civil Case 871 of 2005 |
Date Delivered: 23 Jun 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PETER GATIRAU MUNYA v REGIONAL REACH LIMITED, KAMAU KANGETHE, JAMLECK MWONGELA ALIAS MWANA WA NTII & MPURU ABURI
Advocates:
Citation: PETER GATIRAU MUNYA v REGIONAL REACH LIMITED & 3 others [2006] eKLR
[Ruling] Civil Practice and Procedure - striking out of pleadings - application to strike out a suit - grounds: that it disclosed no cause of action, it was scandalous, frivolous and vexatious and that it was an abuse of the court process - application brought under Civil Procedure Rules Order VI rule 13 - requirement that no evidence shall be admissible where the application is brought under that rule 13 subrule 1(a) - applicant's application supported by an affidavit deponing that the suit disclosed no cause of action - whether the application was fatally defective and must fail.
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MUKPAR LIMITED V GUILDERS INTERNATIONAL BANK & 11 OTHERS [2006] EKLR
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Case Number: Civil Case 1016 of 2000 |
Date Delivered: 23 Jun 2006 |
Judge: M. K. IBRAHIM
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: MUKPAR LIMITED v GUILDERS INTERNATIONAL BANK & 11 OTHERS
Advocates:
Citation: MUKPAR LIMITED v GUILDERS INTERNATIONAL BANK & 11 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-hearing dates-where the application had been previously heard but had no hearing date-where one partys advocates unilaterally fixed a hearing date-validity of the proceedings and subsequent orders
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CO-OPERATIVE BANK OF KENYA LIMITED V JAMES MUCHINA WANDUTU [2006] EKLR
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Case Number: Misc Appli 1753 of 2004 |
Date Delivered: 23 Jun 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: CO-OPERATIVE BANK OF KENYA LIMITED v JAMES MUCHINA WANDUTU
Advocates:
Citation: CO-OPERATIVE BANK OF KENYA LIMITED v JAMES MUCHINA WANDUTU [2006] eKLR
[Ruling] Civil Practice and Procedure - transfer of cases - application for the transfer of a case from Murang'a Senior Resident Magistrate's Court to the Nairobi Senior Resident Magistrate - grounds: that the Magistrate at the Murang'a court who had the requisite pecuniary jurisdiction had left since the filing of the suit - whether the Court lacked pecuniary jurisdiction even at the time the suit was filed
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JEOFFREY KITWAKE WABUGE & Another V REPUBLIC [2006] EKLR
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Case Number: Misc Crim Appli 257 of 2006 |
Date Delivered: 23 Jun 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JEOFFREY KITWAKE WABUGE & JOEL KIPKURUI KOSKEI v REPUBLIC
Advocates:
Citation: JEOFFREY KITWAKE WABUGE & another v REPUBLIC [2006] eKLR
[Ruling] Criminal Practice and Procedure - bail - application for bail or bond pending appeal - applicants arguing that their appeals had overwhelming chances of success - principles that the courts will apply in such applications - duty of the applicant to demonstrate that he had filed an appeal, that the appeal had overwhelming chances of success and that there were exceptional or unusual circumstances pertaining to the appeal which warranted the granting of bail.
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GEORGE MORARA NYANDORA V CARNATION PLANT LIMITED [2006] EKLR
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Case Number: Misc Appli 165 of 2006 |
Date Delivered: 23 Jun 2006 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: GEORGE MORARA NYANDORA v CARNATION PLANT LIMITED
Advocates:
Citation: GEORGE MORARA NYANDORA v CARNATION PLANT LIMITED [2006] eKLR
[Ruling] – CIVIL PRACTICE AND PROCEDURE - suit – transfer of – application for – where the applicant claims bias by the court – proof of – factors the court considers in such cases – whether bias by court is cause enough to effect a transfer of suit - Civil Procedure Act section 3A and 18
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