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In Re Nairobi Conveyors Limited [2006] EKLR
Case Number: Winding Up Cause 12 of 2001	Date Delivered: 22 Jun 2006

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: In Re Nairobi Conveyors Limited

Advocates:

Citation: In Re Nairobi Conveyors Limited [2006] eKLR

[RULING] Company Law-winding up-where the creditors failed to file a notice of intention to appear at the hearing of the petition as required by rule 29 (1) of the Companies (Winding Up) Rules-whether special leave to allow a party who has not filed a notice to appear can only be granted by means of an application

SHAH HIRJI MANEK LIMITED V RAMESH PREMCHAND SHAH & 3 Others [2006] EKLR
Case Number: Civil Suit 312 of 2001	Date Delivered: 21 Jun 2006

Judge: Mary Muhanji Kasango

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: SHAH HIRJI MANEK LIMITED v RAMESH PREMCHAND SHAH, SUNNY SYTLE MANUFACTURERS, UKAY ESTATES LIMITED & NAKUMATT HOLDINGS LIMITED

Advocates:

Citation: SHAH HIRJI MANEK LIMITED v RAMESH PREMCHAND SHAH & 3 others [2006] eKLR

[Ruling] CIVIL PRACTICE AND PROCEDURE - pleadings amendment of application for applicant sought orders to amend their defences application is opposed by respondent on grounds that it will prejudice the respondents case proof of factors the court considers in such applications validity of orders

DAVID IRUNGU V RICHARD WACHIRA [2006] EKLR
Case Number: Civil Appeal 42 of 2006	Date Delivered: 21 Jun 2006

Judge: Hannah Magondi Okwengu

Court: High Court at Nyeri

Parties: DAVID IRUNGU v RICHARD WACHIRA

Advocates:

Citation: DAVID IRUNGU v RICHARD WACHIRA [2006] eKLR

[Ruling] – CIVIL PRACTICE AND PROCEDURE - execution – stay of execution – application for – applicant sought orders for the stay of execution pending hearing – where the applicant is the tenant of the respondent and the respondent wants to evict him – applicable principles – validity of order

ISIAH IKHONI AKHAULE V ARADON & COMPANY & Another [2006] EKLR
Case Number: Civil Case 1075 of 2002	Date Delivered: 21 Jun 2006

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: ISIAH IKHONI AKHAULE v ARADON & COMPANY & NATIONAL INDUSTRIAL CREDIT BANK LIMITED

Advocates:

Citation: ISIAH IKHONI AKHAULE v ARADON & COMPANY & another [2006] eKLR

[Ruling] - CIVIL PRACTICE AND PROCEDURE - suit dismissal of application for applicant sought orders that the court dismiss the plaintiffs suit for lack of prosecution - where the delay was not the fault of the plaintiff applicable principles validity of order - Civil Procedure Rules Order 16, rule 5 (a)

JOHN MARK OBURE V FIDELITY SECURITY LIMITED [2006] EKLR
Case Number: Civil Appeal 176 of 2005	Date Delivered: 21 Jun 2006

Judge: Onesmus Kimweli Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOHN MARK OBURE v FIDELITY SECURITY LIMITED

Advocates:

Citation: JOHN MARK OBURE v FIDELITY SECURITY LIMITED [2006] eKLR

[Ruling] Civil Practice and Procedure - security for costs - stay of execution - application to set aside a stay of execution - grounds: that the motor vehicle which had been given as a security for costs as a condition for the stay order was a depreciating asset whose value was below the decretal amount - vehicle still in the use and control of the judgment debtor/respondent - whether additional and more reliable security should be provided by the respondent - Civil Procedure Rules Order 41 rule 4(1), (2)

REPUBLIC V REUBEN KIPTANUI KIPTOO [2006] EKLR
Case Number: Criminal Case 67 of 2005	Date Delivered: 21 Jun 2006

Judge: Jeanne Wanjiku Gacheche

Court: High Court at Eldoret

Parties: REPUBLIC v REUBEN KIPTANUI KIPTOO

Advocates:

Citation: REPUBLIC v REUBEN KIPTANUI KIPTOO [2006] eKLR

CRIMINAL PRACTICE AND PROCEDURE - prosecution accused was charged with the offence of murder burden of proof whether the prosecution discharged the burden of proof place on them Penal Code (Cap. 63) section 203 as read with 204

BENARD GAITHUMA NJUGUNA V B.P. KENYA LTD [2006] EKLR
Case Number: Civil Case 942 of 2005	Date Delivered: 21 Jun 2006

Judge: John Luka Osiemo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: BENARD GAITHUMA NJUGUNA v B.P. KENYA LTD

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Citation: BENARD GAITHUMA NJUGUNA v B.P. KENYA LTD [2006] eKLR

[RULING] Civil Practice and Procedure-settlement-where the parties signed a memorandum of understanding in settlement of the suit dispute-whether judgment should be entered for the defendant in terms of the memorandum of understanding-Civil Procedure Rules, Order 24, rule 6

JASPAR TECH ENTERPRISES LTD V JOSEPH MATHII NDUNG'U & 2 Others [2006] EKLR
Case Number: Civil Case 129 of 2006	Date Delivered: 21 Jun 2006

Judge: FRED A. OCHIENG

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: JASPAR TECH ENTERPRISES LTD v JOSEPH MATHII NDUNG'U, FARASI POWER LTD & TEX PALACE LIMITED

Advocates:

Citation: JASPAR TECH ENTERPRISES LTD v JOSEPH MATHII NDUNG'U & 2 others [2006] eKLR

[Ruling] Civil Practice and Procedure - stay of proceedings - application for stay on the ground that there were parallel proceedings before the Business Premises Rent Tribunal - Civil Procedure Act sections 3A, 6 - Civil Procedure Rules Order 6 of 13(1)(b),(c), (d)

FRANCIS NJAKWE GITHIARI & Another V DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE [2006] EKLR
Case Number: Civil Case 596 of 2004	Date Delivered: 21 Jun 2006

Judge: FRED A. OCHIENG

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: FRANCIS NJAKWE GITHIARI & NJAMA LIMITED v DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE

Advocates:

Citation: FRANCIS NJAKWE GITHIARI & another v DANIEL TOROITICH ARAP MOI T/A MOI EDUCATIONAL CENTRE [2006] eKLR

[Ruling]Civil Practice and Procedure - stay of proceedings - application for stay pending appeal - discretion of the High Court to order stay pending appeal - matters the court will consider in such an application - Civil Procedure Rules Order 41 rule 4(2)

LUCY NYAMANU KIMANI V LAWRENCE MBURU MUTHIGA [2006] EKLR
Case Number: Civil Appeal 118 of 2000	Date Delivered: 21 Jun 2006

Judge: Onesmus Kimweli Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: LUCY NYAMANU KIMANI v LAWRENCE MBURU MUTHIGA

Advocates:

Citation: LUCY NYAMANU KIMANI v LAWRENCE MBURU MUTHIGA [2006] eKLR

[Ruling] Civil Practice and Procedure - stay of execution pending appeal - delay of one and a half years in bringing the application - whether the delay was inordinate and unreasonable - matters which an applicant for stay must establish to the court - Civil Procedure Rules Order 41 rule 4