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Olkejuado Teachers Credit & Savings Society Ltd V Chairman Of The Co-operative Tribunal Nairobi [2005] EKLR
Case Number: Misc Civil Appli 30 of 2004	Date Delivered: 12 Jul 2005

Judge: Mohammed Khadhar Ibrahim

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Olkejuado Teachers Credit & Savings Society Ltd v Chairman of the Co-operative Tribunal Nairobi

Advocates:

Citation: Olkejuado Teachers Credit & Savings Society Ltd v Chairman of the Co-operative Tribunal Nairobi [2005] eKLR

Judicial review - Jurisdiction of the Civil Courts in enforcing the Awards and Decrees of the Co-Operative Tribunal - Civil courts under the new Coo-operative Societies Act,No.12 of 1997 do not possess jurisdiction to enforce Tribunal’s Awards and decrees - Order of Certiorari to issue to quash warrant of Attachment.

Civil Case [1231] Of 2002
Case Number: Civil Case 1231 of 2002	Date Delivered: 12 Jul 2005

Judge: Philip John Ransley

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Nairobi City Council v Commissioner of Lands,Kenya Power & Lighting co Ltd & The Registrar of Titles

Advocates:

Citation: Civil Case 1231 of 2002

[RULING] Civil Procedure - Application brought under Order 6 Rule 13 1(a) and (b) Civil Procedure Rules - striking out pleadings - res judicata - The plea of res judicata applies,except in special cases,not only to points on which the Court was actually required by the parties to form an opinion and to pronounce judgment,but to every point which properly belonged to the subject of the litigation and which the parties exercising reasonable diligence might have brought forward at the time - whether heard in the formenr suit were matters directly and substantially in issues in and between the same parties or between parties under whom they or any part of their claim Section 7 of the Civil Procedure Act - court of the view that matters raised were res judicata - application allowed and plaint against the 2nd defendant struck out

Uasin Gishu Quarry Ltd V Commissioner Of Lands [2005] EKLR
Case Number: Civil Misc Appli 100 of 2002	Date Delivered: 12 Jul 2005

Judge: Muga Apondi

Court: High Court at Nakuru

Parties: Uasin Gishu Quarry Ltd v Commissioner of Lands

Advocates:

Citation: Uasin Gishu Quarry Ltd v Commissioner of Lands [2005] eKLR

[RULING]- Where the Commissioner of Lands has not complied with a court order - When a warrant of arrest is not issued for non-compliance with an order of court - Time limit is ordered for compliance of court order.

Uasin Gishu Quarry Ltd V Commissioner For Lands [2005] EKLR
Case Number: Misc Civil Appli 100 of 2002	Date Delivered: 12 Jul 2005

Judge: Muga Apondi

Court: High Court at Nakuru

Parties: Uasin Gishu Quarry Ltd v Commissioner for Lands

Advocates:

Citation: Uasin Gishu Quarry Ltd v Commissioner for lands [2005] eKLR

[Ruling] Motion for warrant of arrest against commissioner of lands for disobedience of court order - extension of time for commissioner to comply with order.

Republic V Nyandarua District Land Disputes Tribunal & Another Ex-Parte James Muchugu Miti [2005] EKLR
Case Number: Misc Civil Appli 284 of 2005	Date Delivered: 12 Jul 2005

Judge: Muga Apondi

Court: High Court at Nakuru

Parties: Republic v Nyandarua District Land Disputes Tribunal (Respondent); Macharia Njoroge (Interested Party) Ex parte James Muchugu Miti

Advocates:

Citation: Republic v Nyandarua District Land Disputes Tribunal & another Ex-Parte James Muchugu Miti [2005] eKLR

[RULING] Judicial review - Notice of Motion under Order LIII Rule 3 of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act - seeking an Order of Certiorari to issue to remove to the Court the proceedings and Award of the Nyandarua District Land disputes Tribunal for purposes of quashing - application unopposed - application allowed.

Fuelex Kenya Limited V Kennedy Titus Omelepu Omasete T/a Kenwill Freighters [2005] EKLR
Case Number: Civil Case 275 of 2000	Date Delivered: 12 Jul 2005

Judge: George Matatia Abaleka Dulu

Court: High Court at Eldoret

Parties: Fuelex Kenya Limited v Kennedy Titus Omelepu Omasete t/a Kenwill Freighters

Advocates:

Citation: Fuelex Kenya Limited v Kennedy Titus Omelepu Omasete t/a Kenwill Freighters [2005] eKLR

[RULING]- Civil Procedure and Practice - Order VIA Rules 3 and 5 of the Civil Procedure Rules and section 3 and 3A of the Civil Procedure Act (Cap.21)- Leave sought to amend plaint - Power of the court under Order VIA rule 3 of the Civil Procedure Rules - Application allowed.

Francis Thuo Waireri V Kenya Commercial Bank Limited [2005] EKLR
Case Number: Civil Case 327 of 2005	Date Delivered: 12 Jul 2005

Judge: Fred Andago Ochieng

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

Parties: Francis Thuo Waireri v Kenya Commercial Bank Limited

Advocates:

Citation: Francis Thuo Waireri v Kenya Commercial Bank Limited [2005] eKLR

[RULING]- Civil Procedure and Practice - Application for an injunction - Application brought under Certificate of Urgency - Where a Statutory Notice does not conform with Section 69A (1) (a) of the Transfer of Property Act - Injunction granted.

Republic V Charles Abonyo Ogutu & 2 Others [2005] EKLR
Case Number: Criminal Case 75-108 of 2004	Date Delivered: 12 Jul 2005

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Charles Obonyo Ogutu; Joseph Oduor Ochieng; Fredrick Ouma Odongo

Advocates:

Citation: Republic v Charles Abonyo Ogutu & 2 others [2005] eKLR

Criminal law - murder - Penal Code sections 203,204 - evidence - duty of the prosecution to prove the charge

Republic V Charles Abonyo Ogutu & 2 Others [2005] EKLR
Case Number: Criminal Case 75 & 108 of 2004	Date Delivered: 12 Jul 2005

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Charles Abonyo Ogutu; Joseph Oduor Ochieng; Fredrick Ouma Odongo

Advocates:

Citation: Republic v Charles Abonyo Ogutu & 2 others [2005] eKLR

Criminal law - murder contrary to Section 203 as read with Section 204 of the Penal Code - evidence - burden of proof - duty of the prosecution to discharge the burden to the required standard.

Republic V Raymond Kiptoo Rotich [2005] EKLR
Case Number: Criminal Case 50 of 2003	Date Delivered: 12 Jul 2005

Judge: Kalpana Hasmukhrai Rawal

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Raymond Kiptoo Rotich

Advocates:

Citation: Republic v Raymond Kiptoo Rotich [2005] eKLR

Criminal law - murder contrary to Section 203 as read with Section 204 of the Penal Code - accused person a police officer said to have wrongfully shot the deceased - duty of the prosecution to prove the case against the accused beyond reasonable doubt.