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Ibrahim Abdi Mohamud V Republic [2006] EKLR
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Case Number: Criminal Appeal 125 of 2005 |
Date Delivered: 20 Sep 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Ibrahim Abdi Mohamud v Republic
Advocates:
Citation: Ibrahim Abdi Mohamud v Republic [2006] eKLR
Criminal Practice and Procedure-sentencing-where both the appellant and his co-accused were convicted of defilement contrary to Section 145 (2) of the Penal Code (cap. 63) yet the appellant was sentenced to ten years imprisonment while his co-accused was placed on probation and committed to an approved school for a period of three years-whether the disparity in sentencing was warranted
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RICHARD LOMOYAN AGETE V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 158 of 2005 |
Date Delivered: 20 Sep 2006 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: RICHARD LOMOYAN AGETE v REPUBLIC
Advocates:
Citation: RICHARD LOMOYAN AGETE v REPUBLIC [2006] eKLR
Criminal Law - Theft by servant - Exercise of the court's discretion in sentencing - Where the previous court considers a non-existent mitigation - Section 281 of the Penal Code.
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Republic V National Environmental Management Authority & 2 Others Ex- Parte Greenhills Investment Ltd & 2 Others (2006) 1 KLR (E&L)
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Case Number: Miscellaneous Application 169 of 2004 |
Date Delivered: 20 Sep 2006 |
Judge: Mohammed Khadhar Ibrahim
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Republic v National Environmental Management Authority & 2 others ex- parte Greenhills Investment Ltd & 2 others
Advocates:
Citation: Republic v National Environmental Management Authority & 2 others Ex- parte Greenhills Investment Ltd & 2 others (2006) 1 KLR (E&L)
Environmental law – practice and procedure – application to stay a decision or order of the National Environment Management Authority –where stay of the order has been granted but the applicant fails to comply with conditions imposed by the court – the right of the Authority to make an application to court to have stay vacated so that it can carry out its statutory obligations
Environmental law – practice and procedure - appeals – National Environmental Tribunal – where a person is aggrieved by a decision or order of the National Environment Management Authority, Committee or Director General – whether such a person is precluded from invoking the jurisdiction of the High Court on a judicial review application – whether section 129 of the Environmental Management and Co-ordination Act, 1999, ousts the jurisdiction of the High Court of considering applications for judicial review of the decisions of the National Environment Management Authority
Environmental law – practice and procedure – whether the National Environment Management Authority’s Board is a legal entity – the proper authority against whom legal action can be commenced
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WORLD WIDE FUND FOR NATURE (EASTERN AFRICA REGIONAL OFFICE) V FIONA MOTORS LTD [2006] EKLR
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Case Number: Civil Case 293 of 2004 |
Date Delivered: 19 Sep 2006 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: WORLD WIDE FUND FOR NATURE (EASTERN AFRICA REGIONAL OFFICE) v FIONA
MOTORS LTD
Advocates:
Citation: WORLD WIDE FUND FOR NATURE (EASTERN AFRICA REGIONAL OFFICE) v FIONA MOTORS LTD [2006] eKLR
[Ruling] CIVIL PRSCTICE AND PROCEDURE review application to review the consequential order providing that the handing over of the documents do constitute the delivery of the motor vehicle grounds of error apparent on the face of the record applicable principles whether the applicant provided sufficient cause to have the order reviewed - Civil Procedure Act sections 34 and 80; Civil Procedure Rules Order 44 Rules 1 and 2
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DOSHI IRON MONGERS LTD & Another V WEIGHTS & MEASURES DEPARTMENT & 4 Others [2006] EKLR
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Case Number: Misc Civ Appli 1206 of 2004 |
Date Delivered: 19 Sep 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: DOSHI IRON MONGERS LTD & ASHOK DOSHI v WEIGHTS & MEASURES DEPARTMENT,
KENYA INDUSTRIAL PROPERTY INSTITUTE, KENYA BEREAU OF STANDARDS, KENYA
REVENUE AUTHORITY & another
Advocates:
Citation: DOSHI IRON MONGERS LTD & another v WEIGHTS & MEASURES DEPARTMENT & 4 others [2006] eKLR
[Ruling] Civil Practice and Procedure preliminary objections nature of preliminary objections and matters which may be raised by such objection - stay of execution - application for stay of execution pending appeal - preliminary objection raised to the application on the grounds that the applicant had failed to reveal material facts, and that the application was res judicata - whether the preliminary objection was properly taken - matters which may be raised by a preliminary objection - whether the issued raised by the respondent could be properly argued by way of a preliminary objection.
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In Re MF (A Child) [2006] EKLR
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Case Number: Adoption Cause 34 of 2006 |
Date Delivered: 19 Sep 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re MF (A Child)
Advocates:
Citation: In Re MF (A Child) [2006] eKLR
Family Law-adoption-where the child’s mother is dead, the father unknown, and the applicant is her maternal aunt and the applicant’s father, sister, as well as the child’s legal guardian have given their written consent-whether adoption orders should be granted in such circumstances
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NDEGE WHOLESALERS LIMITED V CHIKOO INVESTMENTS LIMITED & Another [2006] EKLR
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Case Number: Civil Case 788 of 1997 |
Date Delivered: 19 Sep 2006 |
Judge: FRED A. OCHIENG
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: NDEGE WHOLESALERS LIMITED v CHIKOO INVESTMENTS LIMITED & NAIR
DEVELOPMENT LIMITED
Advocates:
Citation: NDEGE WHOLESALERS LIMITED v CHIKOO INVESTMENTS LIMITED & another [2006] eKLR
Property Law - Transfers - Declaration of ownership - Negligence - Effect of a title procured through Fraud.
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LYDIA MWENDWA KITHEKA V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 86 of 2006 |
Date Delivered: 19 Sep 2006 |
Judge: David Anasi Onyancha
Court: High Court at Machakos
Parties: LYDIA MWENDWA KITHEKA v REPUBLIC
Advocates:
Citation: LYDIA MWENDWA KITHEKA v REPUBLIC [2006] eKLR
..
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EDWARD NDUNGU & 9 Others V PATCH OSODO [2006] EKLR
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Case Number: Winding Up Cause 7 of 1997 |
Date Delivered: 19 Sep 2006 |
Judge: Leonard Njagi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: EDWARD NDUNGU, OMAR JUMA, SAIDI BUGU, ALI JUMA, HAMISI OMARI CHARERO
& 5 others v PATCH OSODO
Advocates:
Citation: EDWARD NDUNGU & 9 others v PATCH OSODO [2006] eKLR
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MADINA AMIR MOHAMED V KITAVI INVESTMENTS CO. LTD [2006] EKLR
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Case Number: Civil Case 685 of 2006 |
Date Delivered: 19 Sep 2006 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MADINA AMIR MOHAMED v KITAVI INVESTMENTS CO. LTD
Advocates:
Citation: MADINA AMIR MOHAMED v KITAVI INVESTMENTS CO. LTD [2006] eKLR
[Ruling] – PRELIMINARY OBJECTION – ingredients of – objection to an application by the plaintiff to evict the defendant from the suit property – the plaintiff bought the property at a public auction - where the applicant claims that the respondent brought the suit to court under the wrong law thus it was incompetent – effect of – factors the court considers in such applications – validity of order
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