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Peter Kinyua Muchendu V Getrude Chao Waita [2005] EKLR
Case Number: Civil Appli 39 of 2005	Date Delivered: 27 Jul 2005

Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Court: Court of Appeal at Malindi

Parties: Peter Kinyua Muchendu v Getrude Chao Waita

Advocates:

Citation: Peter Kinyua Muchendu v Getrude Chao Waita [2005] eKLR

[RULING] Rule 81 (1) of the Court of Appeal Rules - Dissmisal of a Notice of Motion - Importance of the certificate by the Registrar.

Peter Kinyua Muchendu V Getrude Chao Waita [2005] EKLR
Case Number: Civil Appli NAI 39 of 2005	Date Delivered: 27 Jul 2005

Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Court: Court of Appeal at Malindi

Parties: Peter Kinyua Muchendu v Getrude Chao Waita

Advocates:

Citation: Peter Kinyua Muchendu v Getrude Chao Waita [2005] eKLR

[RULING] Civil Procedure - application to strike out notice of appeal - Under the proviso to rule 81 (1) of the Court of Appeal Rules,any period which is certified by the registrar of the superior court as being necessary or required for the preparation and delivery of proceedings to the applicant shall be excluded in computing the time within which to file the record of appeal - application dismissed.

Sammy Gitau V Harun Kinyua Mburu [2005] EKLR
Case Number: Misc Civil Appli 182 of 2005	Date Delivered: 27 Jul 2005

Judge:

Court: High Court at Mombasa

Parties: Sammy Gitau v Harun Kinyua Mburu

Advocates:

Citation: Sammy Gitau v Harun Kinyua Mburu [2005] eKLR

[RULING]Civil Procedure - application for stay of execution pending appeal - grounds: that there is risk of execution before hearing of his appeal

Jadiel Muthike Njiru V Njagi Kithinji [2005] EKLR
Case Number: Misc Civil Appli 180 of 2001	Date Delivered: 27 Jul 2005

Judge: Hannah Magondi Okwengu

Court: High Court at Nyeri

Parties: Jadiel Muthike Njiru v Njagi Kithinji

Advocates:

Citation: Jadiel Muthike Njiru v Njagi Kithinji [2005] eKLR

[RULING]Civil Procedure - application to reinstate an interlocutory application dismissed for non-attendance - applicant's advocate stating in affidavit that he had been unwell - duty to of the applicant to give satisfactory reasons for the non-attendance.

Insurance Company Of East Africa Ltd V Wellington Omodho [2005] EKLR
Case Number: Civil Suit 1650 of 2001	Date Delivered: 27 Jul 2005

Judge: Mary Muhanji Kasango

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

Parties: Insurance Company of East Africa Ltd v Wellington Omodho

Advocates:

Citation: Insurance Company of East Africa Ltd v Wellington Omodho [2005] eKLR

[RULING]- Civil Procedure and Practice - Order IXB rule 8 Civil Procedure Rules - Application to set aside an exparte Judgment entered - Guidelines to the courts exercise of its discretion in setting aside judgment - An arguable case has been shown - Application allowed.

FRANCIS NZIOKA V WYKEM SECURITY CONSULTANTS LTD [2005] EKLR
Case Number: Civil Suit 76 of 2000 RD	Date Delivered: 27 Jul 2005

Judge: J KHAMINWA

Court: High Court at Mombasa

Parties: FRANCIS NZIOKA V WYKEM SECURITY CONSULTANTS LTD

Advocates:

Citation: FRANCIS NZIOKA V WYKEM SECURITY CONSULTANTS LTD [2005] eKLR

Employment - employer's duty of care to employee - negligence - action by employee against employer in negligence - watchman/guard attacked by robbers and injured - guard having only been provided with a torch, a club and a whistle - no protective wear such as helmet provided - whether the employer was negligent in not providing helmet or securing the premises with wall or electronic fence or boots and other safe tools of the business of a watchman/guard - general damages for personal injuries, pain, suffering and loss of earnings - special damages.

Abdalla Indimuli Isaac V Republic [2005] EKLR
Case Number: Criminal Appeal 140 of 2004	Date Delivered: 27 Jul 2005

Judge: George Benedict Maina Kariuki

Court: High Court at Kakamega

Parties: Abdalla Indimuli v Republic

Advocates:

Citation: Abdalla Indimuli Isaac v Republic [2005] eKLR

Criminal law - stealing and handling stolen property - Penal Code sections 275,322(2)- trial court finding that the appellant had not rebutted the prosecution evidence amounting to a misdirection shifting the burden of proof to the accused - offence of stealing not committed where there was no prove of actual or constructive possession of the allegedly stolen item

ABDALLA INDIMULI ISAAC V REPUBLIC [2005] EKLR
Case Number: Criminal Appeal 140 of 2004	Date Delivered: 27 Jul 2005

Judge: George Benedict Maina Kariuki

Court: High Court at Kakamega

Parties: ABDALLA INDIMULI ISAAC v REPUBLIC

Advocates:

Citation: ABDALLA INDIMULI ISAAC v REPUBLIC [2005] eKLR

GANIJEE GLASS MART LTD & 2 OTHERS V FIRST AMERICAN BANK OF KENYA LIMITED [2005] EKLR
Case Number: Civil Case 1821 of 1999	Date Delivered: 27 Jul 2005

Judge: Festus Azangalala

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

Parties: GANIJEE GLASS MART LTD, PAN AFRICAN GLASS INDUSTRIES LTD & NAJMUDIN JIWAJI GANIJEE V FIRST AMERICAN BANK OF KENYA LIMITED

Advocates:

Citation: GANIJEE GLASS MART LTD & 2 OTHERS V FIRST AMERICAN BANK OF KENYA LIMITED [2005] eKLR

[RULING] - Civil Procedure and Practice - Service - Application for orders made exparte to be set aside - Effect of not Serving a Notice to Show Cause - Where service was effected on a Saturday - Where affidavits of service are inconsistent - Principles of setting aside ex-parte judgments - Order 9B Rule 8 of the Civil Procedure Rules - Section 3A of the Civil Procedure Act - Non-compliance of Order 21 Rule 49 and 41 of the Civil Procedure Rules.

Sarafin Gitonga Muyandi V Republic [2005] EKLR
Case Number: Criminal Appeal 159 of 2003	Date Delivered: 27 Jul 2005

Judge: Luka Kiprotich Kimaru, Daniel Kiio Musinga

Court: High Court at Nakuru

Parties: Sarafin Gitonga Muyandi v Republic

Advocates:

Citation: Sarafin Gitonga Muyandi v Republic [2005] eKLR

Criminal law - robbery with violence - Penal Code section 296(2) - accused convicted and sentenced to death - appeal - appellant alleging that he had been convicted based on the unreliable evidence of identification of the complainant which evidence had not been corroborated - duty of a first appellate court to re-examine the evidence - whether the prosecution had established its case against the accused beyond reasonable doubt - a fact may be proved by the testimony of a single witness but this rule does not lessen the need for testing with the greatest care the evidence of a single witness respecting identification,especially when it is known that the conditions favouring a correct identification were difficult