Loading
You searched for cases with the following details ; Filter
Aweoha Mohamed Said & Another V Khadija Abeid Juma [2005] EKLR
|
Case Number: Civil Appeal 161 of 2002 |
Date Delivered: 26 Jul 2005 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: Aweoha Mohamed Said,Tima Kale v Khadija Abeid Juma
Advocates:
Citation: Aweoha Mohamed Said & another v Khadija Abeid Juma [2005] eKLR
Civil Procedure - Evidence relied upon by the court missing from the record - Taking of the denial oath in strict compliance with Islamic Laws - Ownership of property according to Islamic Laws.
Read More
Reuben Ngugi Muikia And 2 Others V Republic [2005] EKLR
|
Case Number: Criminal Appeal 543 & 545 of 2002 |
Date Delivered: 26 Jul 2005 |
Judge: Jessie Wanjiku Lesiit, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Reuben Ngugi Muikia,Daniel Guchu Mwaniki & Eliud Guchu Muiruri v Republic
Advocates:
Citation: Reuben Ngugi Muikia and 2 others v Republic [2005] eKLR
Criminal Law - appeal against conviction for two counts of robbery with violence contrary to Section 296 (2) of the Penal Code and sentence to death - identification - whether appellants were sufficiently identified - CHARGE - Failure to mention the weapon in the charge sheet does not constitute a defective Charge Sheet. What is required is that the evidence shows that the appellants were either armed or in company of one or more others,or that the complainant was wounded during the robbery incident If any of the above ingredients is established,that suffices for conviction under section 296(2) of the Penal Code - appeals dismissed,conviction confirmed and sentence by the lower court upheld
Read More
In Re The Prime Outdoor Network Limited [2005] EKLR
|
Case Number: Winding Up 16 of 2005 |
Date Delivered: 26 Jul 2005 |
Judge: Festus Azangalala
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: In Re the Prime Outdoor Network Limited
Advocates:
Citation: In Re the Prime Outdoor Network Limited [2005] eKLR
[RULING]- Winding up - Application to strike out a Winding up petition - Determination of insolvency an indebtedness - Section 219 and 220 of the Companies Act - Importance of service of a valid statutory notice - Section 220 (a) of the Companies Act - What to consider before striking out of a Winding up petition - Application dismissed.
Read More
Republic V Edmond Irungu Macharia [2005] EKLR
|
Case Number: Criminal Case 20 of 2004 |
Date Delivered: 26 Jul 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Edmond Irungu Macharia [2005] eKLR
Advocates:
Citation: Republic v Edmond Irungu Macharia [2005] eKLR
Criminal Law - accused charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code - finding that the prosecution had not proved its case beyond reasonable doubt - accused acquitted
Read More
Aspi Variana V Sadru Kurti & 2 Others [2005] EKLR
|
Case Number: Civil Case 120 of 2002 |
Date Delivered: 26 Jul 2005 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Aspi Variana v Sadru Kurti,Chancery Restaurant Limited & Shamshudin Karim Kurji
Advocates:
Citation: Aspi Variana v Sadru Kurti & 2 others [2005] eKLR
[RULING] - Civil Procedure and Practice - Application to strike out Ammended Plaint - Order VIA Rule 6 of the Civil Procedure Rules - Order VIA rule 8 Civil Procedure Rules - When the court allows oral applications for extension of the time for the amendment of a Plaint.
Read More
Elisha Mbaabu V Eusebio Kwiriga & Another [2005] EKLR
|
Case Number: Civil Case 122 of 1996 |
Date Delivered: 26 Jul 2005 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: Elisha Mbaabu v Eusebio Kwiriga & Kenya Planters Co-op Union Ltd
Advocates:
Citation: Elisha Mbaabu v Eusebio Kwiriga & another [2005] eKLR
[RULING] - Civil Procedure and Practice - Order 9B Rule 8 of the Civil Procedure Rules - Order to set aside order for dismissal of suit for non-appearance - Principles applicable concerning the exercise of the judicial discretion under order 9A Rules 10 to set aside an exparte judgment (or order) upon the failure of either party to attend the hearing - Where advocate's mistake of the may cause injustice and hardship on their client.
Read More
Kabuki Gathano Kabuki V Republic [2005] EKLR
|
Case Number: Criminal Appeal 126 of 2004 |
Date Delivered: 26 Jul 2005 |
Judge: Muga Apondi
Court: High Court at Nakuru
Parties: Kabuki Gathano Kabuki v Republic
Advocates:
Citation: Kabuki Gathano Kabuki v Republic [2005] eKLR
Criminal law - shop breaking and committing a felony therein - Penal Code section 306(a) - alternative charge of handling stolen property - Penal Code section 322(2) - accused convicted on the main charge and sentenced to 3 years imprisonment - whether prosecution’s case had been established beyond reasonable doubt - whether the sentence was harsh and excessive.
Read More
Ernest Mukunzi Okwomi & 2 Others V Republic [2005] EKLR
|
Case Number: Criminal Appeal 182 of 2003 |
Date Delivered: 26 Jul 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Ernest Mukunzi Okwomi; Godfrey Omoding Wekesa; Kennedy Marete Mupala v Republic
Advocates:
Citation: Ernest Mukunzi Okwomi & 2 others v Republic [2005] eKLR
Criminal law - two counts of robbery with violence,one count of assault causing actual bodily harm - Penal Code sections 296(2),251 - accused convicted and handed a sentence of death on the first two counts and a suspended sentence of one year imprisonment for the 3rd count - appeal - state counsel conceding appeal on the ground that the prosecution had been conducted by a Police Constable,a person not qualified to be a public prosecutor - trial nullified,conviction quashed and sentence set aside - court considering whether to order a retrial.
Read More
David Owino Otieno V Republic [2005] EKLR
|
Case Number: Criminal Appeal 162 of 2003 |
Date Delivered: 26 Jul 2005 |
Judge: Milton Stephen Asike-Makhandia
Court: High Court at Nairobi (Milimani Law Courts)
Parties: David Owino Otieno v Republic
Advocates:
Citation: David Owino Otieno v Republic [2005] eKLR
Criminal law - robbery with violence - Penal Code section 296(2) - appeal against conviction and sentence of death - state counsel conceding appeal on the ground that the case had been prosecuted by a Police Seargent who was not qualified to act as a public prosecutor under the Criminal Procedure Code section 85(2),88 - trial nullified,conviction quashed and sentence set aside - court considering whether to order a retrial - an order for retrial can be made where an appellate court is of the opinion that on a proper consideration of the admissible or potentially admissible evidence,a conviction might result.
Read More
Republic V Edmond Irungu Macharia [2005] EKLR
|
Case Number: Criminal Case 20 of 2004 |
Date Delivered: 26 Jul 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Republic v Edmond Irungu Macharia
Advocates:
Citation: Republic v Edmond Irungu Macharia [2005] eKLR
Criminal law - charge of murder - Penal Code section 203,204 - two counts of murder arising from the death of a mother and her child - duty of the prosecution to prove the guilt of the accused beyond reasonable doubt.
Read More