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PROF. WALTER GITAU V EAST AFRICAN BUILDING SOCIETY [2005] EKLR
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Case Number: Civil Case 218 of 2003 |
Date Delivered: 27 Sep 2005 |
Judge: MOHAMMED K. IBRAHIM
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PROF. WALTER GITAU V EAST AFRICAN BUILDING SOCIETY
Advocates:
Citation: PROF. WALTER GITAU V EAST AFRICAN BUILDING SOCIETY [2005] eKLR
[RULING] - Civil procedure and practice - Application to set aside an order dismissed for non-attendance - Consequences of an advocate's failure to manage their dairy - Importance of advocates avoiding or reducing the frequency of mixing their diaries, fixing hearing dates for their cases on the same day or accepting briefs which already have hearing dates yet they are committed on the said dates.
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CHARLES NYWESA OMAI V KENYA POSTS AND TELECOMMUNICATIONS CORPORATION [2005] EKLR
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Case Number: Civil Case 2570 of 1998 |
Date Delivered: 27 Sep 2005 |
Judge: FRED A. OCHIENG
Court: High Court at Nairobi (Milimani Law Courts)
Parties: CHARLES NYWESA OMAI V KENYA POSTS AND TELECOMMUNICATIONS
CORPORATION
Advocates:
Citation: CHARLES NYWESA OMAI V KENYA POSTS AND TELECOMMUNICATIONS CORPORATION [2005] eKLR
[RULING] Civil Practice and Procedure-parties to suit-substitution of defendants-where the defendant is a corporation which has changed its name(s)-whether the court order for such change takes effect immediately and automatically or upon amendment of plaint-Civil Procedure Rules, Order 1, rule 10(4)
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Simon Mungai Waweru V Republic [2005] EKLR
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Case Number: Criminal Appeal 74 of 2004 |
Date Delivered: 27 Sep 2005 |
Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Nakuru
Parties: Simon Mungai Waweru v Republic
Advocates:
Citation: Simon Mungai Waweru v Republic [2005] eKLR
Criminal law - murder - appellant having killed the deceased in a fight over a woman - appellant picked up a knife and stabbed the deceased to death - intoxication - appellant and deceased having taken liquour - charge of murder brought against appellant reduced to manslaughter - appellant convicted for manslaughter and sentenced to six years imprisonment - appeal against sentence - the sentence was not harsh and excessive. It is a lawful sentence and there was no basis for the appellate court to interfere with it.
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Samson Montete Kotikoti V Republic [2005] EKLR
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Case Number: Criminal Appeal 179 of 2003 |
Date Delivered: 26 Sep 2005 |
Judge: Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Court: Court of Appeal at Nakuru
Parties: Samson Montete Kotikoti v Republic
Advocates:
Citation: Samson Montete Kotikoti v Republic [2005] eKLR
Criminal law - appellant convicted on his own plea of guilty to manslaughter and sentenced to ten years imprisonment - appellant for no apparent reason clubbed to death his brother’s wife - intoxication - appellant alleging that he was very drunk and intoxicated and could not control himself - appellant asking for leniency because he is the only breadwinner of his family and that he has since contracted Tuberculosis - the sentence was neither harsh nor excessive - appeal dismissed.
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Frederick N. Wamalwa V John Ongeri [2005] EKLR
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Case Number: Civil Suit 2580 of 1995[1] |
Date Delivered: 26 Sep 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Frederick N. Wamalwa v John Ongeri [2005] eKLR
Advocates:
Citation: Frederick N. Wamalwa v John Ongeri [2005] eKLR
Contract - action in contract for breach of a hire agreement - plaintiff seeking judgment against the defendant for the hire charges for a trailer truck and for mesne profits for trespass and unlawful use and detention of the trailer - analysis of the evidence - whether the plaintiff had established his case.
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UNIVERSAL INSURANCE BROKERS V MALDE TRANSPORTERS LIMITED [2005] EKLR
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Case Number: Civil Case 542 of 2004 |
Date Delivered: 26 Sep 2005 |
Judge: FRED A. OCHIENG
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: UNIVERSAL INSURANCE BROKERS V MALDE TRANSPORTERS LIMITED
Advocates:
Citation: UNIVERSAL INSURANCE BROKERS V MALDE TRANSPORTERS LIMITED [2005] eKLR
[RULING] - Striking Out - Application to strike out a Defence - Defence is valid - Whether pertinent issues are raised that ought to be resolved by the court - Order 6 rule 13 (1) (b) (c) and (d); Order 35 rule 1 of the Civil Procedure Rules - Section 3A of the Civil Procedure Act .
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Kenya Ports Authority V Salim Kazungu [2005] EKLR
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Case Number: Civil Application 84 of 2005 |
Date Delivered: 26 Sep 2005 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: Kenya Ports Authority v Salim Kazungu
Advocates:
Citation: Kenya Ports Authority v Salim Kazungu [2005] eKLR
[RULING] Civil Procedure - extension of time - application seeking the extension of time to file notice and record of appeal out of time - where an intended appellant becomes aware that,as a result of its mistake,substantial delays have arisen resulting in breach of the Court of Appeal Rules it is incumbent on the applicant to waste no time in applying for the discretionary remedy of a grant of an extension of time
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Cecil K Keino V Leah S Kiplelei [2005] EKLR
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Case Number: Civil Appeal 116 of 2001 |
Date Delivered: 26 Sep 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Cecil K Keino v Leah S Kiplelei
Advocates:
Citation: Cecil K Keino v Leah S Kiplelei [2005] eKLR
[RULING] Civil Procedure - stay of execution of judgment pending appeal - factors to be satisfied under Order XLI rule 4,of the Civil Procedure Rules
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BELINDA CASH V COAST BUS COMPANY [2005] EKLR
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Case Number: Civil Case 112 of 1998 |
Date Delivered: 26 Sep 2005 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: BELINDA CASH V COAST BUS COMPANY
Advocates:
Citation: BELINDA CASH V COAST BUS COMPANY [2005] eKLR
[RULING] Civil Procedure - execution - application to proceed with execution before taxation of costs - applicant stating that there would be a delay in taxation of costs and to delay the execution would cause prejudice to him.
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Paul Kamau Mwaura V Republic [2005] EKLR
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Case Number: Criminal Appeal 88 of 2005 |
Date Delivered: 26 Sep 2005 |
Judge: Joyce Nuku Khaminwa
Court: High Court at Mombasa
Parties: Paul Kamau Mwaura v Republic
Advocates:
Citation: Paul Kamau Mwaura v Republic [2005] eKLR
Criminal Law and Procedure - application for bail pending appeal under Section 356 and 257 of the Criminal Procedure Code Cap 75 - that to warrant bail pending appeal, there must be special circumstances raised by the applicant and there must be overwhelming chances of success of the appeal
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