Loading
You searched for cases with the following details ; Filter
Stanley Kipkosgei Lelei V Republic [2005] EKLR
|
Case Number: Criminal Appeal 201 of 2004 |
Date Delivered: 20 Sep 2005 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Court: Court of Appeal at Eldoret
Parties: Stanley Kipkosgei Lelei v Republic
Advocates:
Citation: Stanley Kipkosgei Lelei v Republic [2005] eKLR
Criminal law - manslaughter contrary to section 202 as read with section 205 of the Penal Code - accused person convicted on his own plea of guilty and sentenced to 10 years imprisonment - appeal against sentence - intoxication - appellant alleging that he was drunk when he committed the offence and asking for forgiveness - facts showing that the appellant had been the aggressor and that he had mounted an unprovoked attack on his uncle,the deceased - sentence was neither harsh nor excessive in the circumstances of the case - appeal dismissed.
Read More
William Powon Loitasiwa V Republic [2005] EKLR
|
Case Number: Criminal Appeal 188 of 2004 |
Date Delivered: 20 Sep 2005 |
Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki
Court: Court of Appeal at Eldoret
Parties: William Powon Loitasiwa v Republic
Advocates:
Citation: William Powon Loitasiwa v Republic [2005] eKLR
Criminal law - charge of murder reduced to one of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code - accused person convicted on his own plea of guilty and sentenced to 7 years imprisonment - appeal against sentence on the ground that appellant he is truly remorseful; suffers from hemorrhoids and arthritis; his parents are deceased; and he wishes to take care of,and educate his three children - that the sentences meted out to the appellant was neither harsh nor excessive - appeal dismissed.
Read More
Paul Nyoro Ng’ang’a V Margret W Ng’ang’a [2005] EKLR
|
Case Number: Civil Application NAI 64 of 2005 |
Date Delivered: 20 Sep 2005 |
Judge: Riaga Samuel Cornelius Omolo
Court: Court of Appeal at Eldoret
Parties: Paul Nyoro Ng’ang’a v Margret W Ng’ang’a
Advocates:
Citation: Paul Nyoro Ng’ang’a v Margret W Ng’ang’a [2005] eKLR
[RULING] Civil Procedure - application for extension of time within which to lodge a notice of appeal and the record of appeal from the ruling of the High Court - sixteen days do not really constitute what can be called inordinate delay - Some explanation has been offered for that period,namely that the advocates for the applicant were taking instructions,as they were not the ones who had filed the previous appeal. - application allowed.
Read More
Alexander Kioko Mathaka V Republic [2005] EKLR
|
Case Number: Criminal Appeal 416 of 2003 |
Date Delivered: 20 Sep 2005 |
Judge: Jessie Wanjiku Lesiit, Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Alexander Kioko Mathaka v Republic
Advocates:
Citation: Alexander Kioko Mathaka v Republic [2005] eKLR
Criminal Law and procedure - appeal from sentence and conviction for ROBBERY WITH VIOLENCE contrary to Section 296(2) of the Penal Code - Conduct of proceedings by unqualified prosecutor in terms of Section 85(2) as read with Section 88 of the Criminal Procedure Code - Principles to guide the ordering of a retrial.
Read More
Kihuyu Ndirangu V Reuben Kinyanjui Ndirangu [2005] EKLR
|
Case Number: Civil Appeal 30 of 1995 |
Date Delivered: 20 Sep 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Kihuyu Ndirangu v Reuben Kinyanjui Ndirangu
Advocates:
Citation: Kihuyu Ndirangu v Reuben Kinyanjui Ndirangu [2005] eKLR
[RULING] Civil Procedure – application for re-admission of appeal which was dismissed for non-attendance by advocate - court's holding that the Applicant cannot be punished for his advocate’s mistake – application allowed
Read More
Jesse Mwangi Theuri V Republic [2005] EKLR
|
Case Number: Criminal Appeal 303 of 2003[2] |
Date Delivered: 20 Sep 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Jesse Mwangi Theuri v Republic
Advocates:
Citation: Jesse Mwangi Theuri v Republic [2005] eKLR
Criminal law - robbery with violence - appeal against conviction and sentence of death - re-evaluation of the evidence - whether the conviction was supported by the evidence.
Read More
Republic V Abdalla Omar Karani [2005] EKLR
|
Case Number: Criminal Case 33 of 2001 |
Date Delivered: 20 Sep 2005 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: Republic v Abdalla Omar Karani
Advocates:
Citation: Republic v Abdalla Omar Karani [2005] eKLR
criminal law - murder contrary to section 203 as read with section 204 of the Penal Code - that In a case based entirely on circumstantial evidence before convicting an accused person the trial court must find that the incriminating facts are incompatible with the innocence of the accused person and incapable of explanation upon any other hypothesis than that of his guilty. It is also necessary before drawing the inference of the accused’s guilty from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference
Read More
ALLIANCE MEDIA KENYA LIMITED V MONIER [2000] LTD [2005] EKLR
|
Case Number: Civil Case 156 of 2005 |
Date Delivered: 20 Sep 2005 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ALLIANCE MEDIA KENYA LIMITED V MONIER 2000 LTD
Advocates:
Citation: ALLIANCE MEDIA KENYA LIMITED V MONIER 2000 LTD [2005] eKLR
[RULING] - Civil Procedure and Practice - Company Law - Arbitration - Orders for plaintiff to furnish security for costs sought - Role of the court in examining matters that are settled - Where no assets are within the court's jurisdiction - Factors court takes into consideration before ordering for security of costs - Importance of proof of inability to pay costs - Sections 3, 3A and 63 (e) of the Civil Procedure Act - Order 25 Rules 1, 5 and 6 of the Civil Procedure Rules - Sections 223 and 401 of the Companies Act - Section 7 of the Arbitration Act 1995 .
Read More
Elite Studios Limited & Another V Intercontinental Hotels Limited [2005] EKLR
|
Case Number: Civil Appeal 483 of 2005 |
Date Delivered: 20 Sep 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Elite Studios Limited & Pana Ratilal Shah T/A Continental Outfitters v Intercontinental Hotels Limited
Advocates:
Citation: Elite Studios Limited & another v Intercontinental Hotels Limited [2005] eKLR
[RULING] Order 41 Rule 4 of the Civil Procedure Rules - stay of execution pending execution of the Judgment of the Business Premises Tribunal pending appeal – appellants aggrieved by the decision of the Tribunal to uphold the termination of the Appellants’ tenancy with the Respondent - factors that must demonstrate to the satisfaction of the Court for the application to succeed
Read More
George Ngatiri T/a Naivasha Millers [1987] V Naphatali J. M. Mureithi & Another [2005] EKLR
|
Case Number: Civil Suit 352 of 1992 |
Date Delivered: 20 Sep 2005 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: George Ngatiri t/a Naivasha Millers 1987 v Naphtali JM Mureithi; Kenya Industrial Estate
Advocates:
Citation: George Ngatiri t/a Naivasha Millers 1987 v Naphatali J. M. Mureithi & another [2005] eKLR
Contract - action for breach of contract - plaintiff claiming general damages - essentials of a good contract - there must be a concluded bargain and a concluded contract which settles everything that is necessary to be settled and leaves nothing to be settled by agreement between the parties - a party is entitled to resist an action for breach of contract on any ground that is available even though before the action he gave no reason at all - whether the parties had established their respective claims.
Read More