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Wanjiku Ng’ang’a V Njenga Ng’ang’a [2005] EKLR
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Case Number: Civil Case 3084 of 1992 |
Date Delivered: 22 Sep 2005 |
Judge: John Luka Osiemo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Wanjiku Ng’ang’a v Njenga Ng’ang’a
Advocates:
Citation: Wanjiku Ng’ang’a v Njenga Ng’ang’a [2005] eKLR
Land - Registration of a party as a trustee in respect to land - Ownership of land - Doctrine of adverse possession - Principles governing customary trusts - Customary trusts under Kikuyu Customary Law - Considerations surrounding the registration of titles - Registration of land under the Registered Land Act - No adverse possession exists.
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Shem Odongo & 2 Others V Republic [2005] EKLR
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Case Number: Criminal Appeal 412,413 & 414 of 2002 |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Shem Odongo,Austine Okinyi Otieno & Tom Ochieng Ouma v Republic
Advocates:
Citation: Shem Odongo & 2 others v Republic [2005] eKLR
Criminal Law - Robbery with Violence - Section 296(2) of the Penal Code - Evidence - Reliance on retracted confessions as the basis of convicting - Circumstantial evidence - Where the appellants have not been identified as the perpetrators of the crime - Acquittal.
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Mohammed Swale Kaeze V Republic [2005] EKLR
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Case Number: Criminal Appeal 445 of 2003 |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mohammed Swale Kaeze v Republic
Advocates:
Citation: Mohammed Swale Kaeze v Republic [2005] eKLR
Criminal Law - Robbery with violence - Identification parade - Inconsistency of the Complainants evidence - Credibility of a Key Witness - Corroboration of evidence - Conviction quashed - Sentence set aside.
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James Chacha Mogori V Republic [2005] EKLR
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Case Number: Criminal Appeal 395 of 2003 |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Mombasa
Parties: James Chacha Mogori v Republic
Advocates:
Citation: James Chacha Mogori v Republic [2005] eKLR
Criminal Law and Procedure - appeal against sentence and conviction for ROBBERY WITH VIOLENCE contrary to Section 296(2) of the Penal Code - proceedings void due to conduct of trial by unqualified prosecutor as per Sections 85(2) and 88 of the Criminal Procedure Code
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Shem Odongo & 2 Others V Republic [2005] EKLR
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Case Number: Criminal Appeal 412 of 2002, |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Shem Odongo, Austine Okinyi Otieno And Tom Ochieng Ouma v Republic
Advocates:
Citation: Shem Odongo & 2 others v Republic [2005] eKLR
Criminal Law and Procedure - appeal against sentence and conviction for robbery with violence contrary to Section 296(2) of the Penal Code - burden of proof undischarged as no nexus was established between exhibit and the appellants - appeal dismissed
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Mohammed Swale Kaeze V Republic [2005] EKLR
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Case Number: Criminal Appeal 445 of 2003 |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mohammed Swale Kaeze v Republic
Advocates:
Citation: Mohammed Swale Kaeze v Republic [2005] eKLR
Criminal Law and procedure - appeal from sentence and conviction for robbery with violence - evidence Credibility of a witness - maening of a credible witness
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James Chacha Mogori & Another V Republic [2005] EKLR
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Case Number: Criminal Appeal 395 of 2003 |
Date Delivered: 22 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: James Chacha Mogori; Henry Orina Nyabuto v Republic
Advocates:
Citation: James Chacha Mogori & another v Republic [2005] eKLR
Criminal law - robbery with violence contrary to Section 296(2) of the Penal Code - appeal - state conceding the appeal on the ground that prosecutor who conducted the whole of the prosecution of the case was unqualified within the provisions of Section 85(2) as read with Section 88 of the Criminal Procedure Code - prosecution conducted by a police officer of the rank of corporal - trial declared a nullity - court considering whether it should order a retrial.
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Kennedy Jaden Kwaji V Minister For Finance & 3 Others [2005] EKLR
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Case Number: Misc Application 1385 of 2005 |
Date Delivered: 22 Sep 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Kennedy Jaden Kwaji v Minister for Finance & 3 others
Advocates:
Citation: Kennedy Jaden Kwaji v Minister for Finance & 3 others [2005] eKLR
[RULING]- Constitution - Insurance - Fundamental rights and freedoms of the individual - Right of the crediter arising from a judgment - Where an Insurance Company has collapsed - Who should meet the liability of the collapsed Insurance Company - How is the state involved in checking and supervising Insurance Company - Who has the primary liability - Risk involved in insuring with one insurance company over another - Orders not granted.
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SHADRACK KARIUKI KIRUHI V TRANSNATIONAL BANK LIMITED [2005] EKLR
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Case Number: Civil Suit 66 of 2005 |
Date Delivered: 22 Sep 2005 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: SHADRACK KARIUKI KIRUHI V TRANSNATIONAL BANK LIMITED
Advocates:
Citation: SHADRACK KARIUKI KIRUHI V TRANSNATIONAL BANK LIMITED [2005] eKLR
[RULING] - Civil Procedure and Practice - Non-attendance - Application for grant of orders to reinstate interim orders which were dismissed for want of attendance - Whether a person can be an advocate and a litigant in the same matter - Matters the court looks at when determining non-attendance.
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ABDI ALI DERE V FIROZ HUSSEIN TUNDAL & 2 Others [2005] EKLR
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Case Number: Civil Case 45 of 2003 |
Date Delivered: 22 Sep 2005 |
Judge: Roseline Pauline Vunoro Wendoh
Court: High Court at Machakos
Parties: ABDI ALI DERE v FIROZ HUSSEIN TUNDAL & 2 others
Advocates:
Citation: ABDI ALI DERE v FIROZ HUSSEIN TUNDAL & 2 others [2005] eKLR
Tort-negligence-road accident-where the vehicle logbook is in the name of a legal entity, which is not a party to the suit-validity of the suit
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