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John Njanthi Mwangi V Njathi Njoroge & 2 Others [2005] EKLR
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Case Number: Civil Appeal 292 of 2002 |
Date Delivered: 01 Jul 2005 |
Judge: Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji
Court: Court of Appeal at Nairobi
Parties: John Njanthi Mwangi v Njathi Njoroge; Ruthi Waithira; Njoki Kariuki
Advocates:
Citation: John Njanthi Mwangi v Njathi Njoroge & 2 others [2005] eKLR
Civil procedure - appeal against a decision of the High Court refusing to reinstate an appeal dismissed for want of prosecution - applicant having failed to show under what law the application for reinstatement was made - Order XLI does not provide for an application for the reinstatement of an appeal dismissed for want of prosecution under Order XLI Rule 31 - the rules only provide for re – admission of an appeal dismissed in of default attendance on the hearing date (see Order XLI Rule 16)- application for reinstatement which was dismissed by the superior court was incompetent and the order appealed from was made without jurisdiction.
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MASTERMIND TOBACCO (K) LTD V FELIX OKELLO[2001] EKLR
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Case Number: Civil Appeal 131 of 2001 |
Date Delivered: 01 Jul 2005 |
Judge: Kaburu Bauni
Court: High Court at Nyeri
Parties: MASTERMIND TOBACCO (K) LTD v FELIX OKELLO
Advocates:
Citation: MASTERMIND TOBACCO (K) LTD v FELIX OKELLO[2001] eKLR
Land Adjudication - ascertaining valid owner of land
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Benson Mitobio Gitau V Republic [2005] EKLR
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Case Number: Criminal Appeal 182 of 2002 |
Date Delivered: 01 Jul 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Benson Mitobio Gitau v Republic
Advocates:
Citation: Benson Mitobio Gitau v Republic [2005] eKLR
Criminal Appeal - offence of store breaking and stealing contrary to Section 306(a) of the Penal Code - corporal punishment set aside
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Esther Tala Chebiegon V Kiplagat Arap Biator [2005] EKLR
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Case Number: Misc Appli 533 of 2004 |
Date Delivered: 30 Jun 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Esther Tala Chebiegon v Kiplagat Arap Biator
Advocates:
Citation: Esther Tala Chebiegon v Kiplagat Arap Biator [2005] eKLR
[Ruling] stay of execution of the Land Disputes Tribunal pending appeal - where the court has struck out a suit whether it has jurisdiction to grant any subsequent orders - when the court becomes functus officio
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Augustus Muli & Another V Chemusian Company Limited & Another [2005] EKLR
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Case Number: Civil Suit 101 of 2005 |
Date Delivered: 30 Jun 2005 |
Judge: John Wycliffe Mwera
Court: High Court at Mombasa
Parties: Augustus Muli t/a Fun & Jay Company & Nyali High School v Chemusian Company Ltd; Regent Management Ltd
Advocates:
Citation: Augustus Muli & another v Chemusian Company Limited & another [2005] eKLR
[RULING]Landlord and Tenant - injunction - application for injunction to restrain the defendants from interfering with the applicant's operations on a piece of land - applicant stating that he enjoyed a controlled tenancy and that he could thus only be evicted from the premises only with the authority of the Business Premises Rent Tribunal - duty of the applicant to make out a prima facie case.
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Patrick Murithi Mukuha V Edwin Warui Munene & 5 Others [2005] EKLR
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Case Number: Civil Case 19 of 2000 |
Date Delivered: 30 Jun 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Patrick Murithi Mukuha v Edwin Warui Munene; Ann Warui; Mugo Nguro; Wandiri Ruiga; OCS Yusuf; Attorney General
Advocates:
Citation: Patrick Murithi Mukuha v Edwin Warui Munene & 5 others [2005] eKLR
Action for damages for unlawful arrest,false imprisonment,malicious prosecution and personal injuries - plaintiff claiming that he had been arrested,detained,assaulted and arraigned in court on a charge of robbery upon the false and malicious allegations of the defendant - for a plaintiff to succeed on a claim for malicious prosecution he must show (1) that the prosecution was instituted by the defendants or by someone for whose acts the defendants are responsible,(2) that the prosecution terminated in the plaintiff’s favour (3) that the prosecution was instituted without reasonable and probable cause,and (4) that it was actuated by malice
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John Nakuchi V Republic [2005] EKLR
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Case Number: Criminal Appeal 209 of 2002 |
Date Delivered: 30 Jun 2005 |
Judge: David Anasi Onyancha, Ruth Nekoye Sitati
Court: High Court at Meru
Parties: John Nakuchi v Republic
Advocates:
Citation: John Nakuchi v Republic [2005] eKLR
Criminal Appeal - robbery contrary to section 296(2) of the Penal Code - handling stolen goods contrary to section 322(2) of the Penal Code - whether appellant positively identified - charge - framing of charge under section 296(2) of the Penal Code
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Francis Ngolua Kabue V Republic [2005] EKLR
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Case Number: Criminal Appeal 59 of 2002 |
Date Delivered: 30 Jun 2005 |
Judge: David Anasi Onyancha, Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Francis Ngolua Kabue v Republic
Advocates:
Citation: Francis Ngolua Kabue v Republic [2005] eKLR
Criminal Appeal - robbery with violence contrary to section 296(2) of the Penal Code - identification of the appellant - whether identification positively conducted
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Repubilc V Daniel Muthee M'Ituruchiu [2005] EKLR
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Case Number: Criminal Case 7 of 1998 |
Date Delivered: 30 Jun 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Repubilc v Daniel Muthee M'Ituruchiu
Advocates:
Citation: Repubilc v Daniel Muthee M'Ituruchiu [2005] eKLR
Criminal Law - murder contrary to section 203 as read with section 204 of the Penal Code - provocation - cumulative provocation - definition of provocation under section 208 of the Penal Code - whether defence of cumulative provocation available to the accused - MALICE AFORETHOUGHT - INGREDIENTS OF
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Republic V David Njeru Mukuru [2005] EKLR
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Case Number: Criminal Case 55 of 2001 |
Date Delivered: 30 Jun 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Republic v David Njeru Mukuru
Advocates:
Citation: Republic v David Njeru Mukuru [2005] eKLR
Criminal Law - murder contrary to section 203 as read with section 204 of the Penal Code - whether case against the accused proved beyond reasonable doubt - whether conditions prevailing on the material night were sufficient for the positive identification of the accused - defence of alibi - ingredients of
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