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G. G. Githui V Public Health Officer [2005] EKLR
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Case Number: Criminal Application 141 of 1996 |
Date Delivered: 30 May 2005 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: G G Githui v Public Health Officer
Advocates:
Citation: G. G. Githui v Public Health Officer [2005] eKLR
Nuisance - Public Health Act - power of the Medical Officer of Health in dealing with a nuisance - demolition of structures found to constitute a nuisance - procedure provided in the Act not followed - trial court erring in failing to comply with mandatory legal provisions and acting contrary to the rules of natural justice.
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Erasto Karani Gituri & Another V Gerald Munene Mugo [2005] EKLR
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Case Number: Civil Case 220 of 1986 |
Date Delivered: 27 May 2005 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: Erasto Karani Gituri & Another vs Gerald Munene Mugo
Advocates:
Citation: Erasto Karani Gituri & another v Gerald Munene Mugo [2005] eKLR
(ruling) Civil Procedure - application for restoration of suit after dismisal for want of prosecution - that wher matter is dismissed for inexcusable want of prosecution,proper recourse is to file the suit afresh
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Joyce Wamuhu & 2 Others V Ruth Kalekye & Another [2005] EKLR
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Case Number: Civil Application Nai 304 of 2004 |
Date Delivered: 27 May 2005 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: Joyce Wamuhu, P Njoki & E Gitau v Ruth Kalekye & Commissioner of Lands
Advocates:
Citation: Joyce Wamuhu & 2 others v Ruth Kalekye & another [2005] eKLR
[RULING] Civil Procedure - extension of time - time for filing appeal - application for leave to serve /send letter applying for proceedings and to file notice of appeal and the record of appeal out of time - discretion of the appellate court in deciding whether to extend time - matters the court will consider in exercising its discretion.
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Samwel Mugabe Menyuri V Selina Nyaboke Makori & Another [2005] EKLR
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Case Number: Civil Case 180 Of 2003 |
Date Delivered: 27 May 2005 |
Judge: Kaburu Bauni
Court: High Court at Kisii
Parties: Samwel Mugabe Menyuri v Selina Nyaboke Makori,Joseph Misati
Advocates:
Citation: Samwel Mugabe Menyuri v Selina Nyaboke Makori & another [2005] eKLR
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Peter Thagichu Ndungu V Republic [2005] EKLR
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Case Number: Misc Crim Appli 149 of 2005 |
Date Delivered: 27 May 2005 |
Judge: Lesiit J
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Peter Thagichu Ndungu v Republic
Advocates:
Citation: Peter Thagichu Ndungu v Republic [2005] eKLR
(Ruling) Criminal Procedure - to bail or bond pending the hearing appeal - whether appeal had high chances of success -
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Llyod Masika Ltd & Another V Kikiki Ltd [2005] EKLR
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Case Number: Misc Civil Appli 153 of 2005 |
Date Delivered: 27 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: Llyod Masika Ltd & another v Kikiki Ltd
Advocates:
Citation: Llyod Masika Ltd & another v Kikiki Ltd [2005] eKLR
[RULING]Civil Procedure - application for leave to appeal out of time - Civil Procedure Rules order XLIX rule 5 - application for a temporary stay of execution of judgment pending the application
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Njeri Onyango V Patrick Musimba [2005] EKLR
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Case Number: Civil Case 106 of 2003 |
Date Delivered: 27 May 2005 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Njeri Onyango v Patrick Musimba
Advocates:
Citation: Njeri Onyango v Patrick Musimba [2005] eKLR
(Ruling) civil procedure - application brouhgt under Order 20 rule 11(2) of the Civil Procedure Rules seeking stay of execution and payment of decretal sum by instalment - court to be guided by what would effectively resolve the disposition of the decretal sum
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Usafi Services Limited V Consolidated Bank Of Kenya & 2 Others [2005] EKLR
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Case Number: Civil Case 413 of 2003 |
Date Delivered: 27 May 2005 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Usafi Services Limited v Consolidated Bank of Kenya & 2 others
Advocates:
Citation: Usafi Services Limited v Consolidated Bank of Kenya & 2 others [2005] eKLR
(Ruling) Civil Procedure - application brought under Order 39 rules 1,2: Order 29 rule 1 of the Civil Procedure Rules,L.egal Notice No. 120 of 1997 Auctioneers Act,Cap. 526 of the Laws of Kenya seeking restaring orders from auctioning property advertised for sale - failure to give the requisite notification for sale - cure to such failure - court's observation that grant of interim orders more often leads to the party enjoying such interim orders to sleep and therefore leading a backlog on the court's filing shelves - application allowed on condition that the a hearing date is picked as soon as practically possible
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Orchird Pharmacy Ltd V Southern Credit Banking Corporation Ltd & 2 Others [2005] EKLR
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Case Number: Civil Case 516 of 2003 |
Date Delivered: 27 May 2005 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Orchird Pharmacy Ltd v Southern Credit Banking Corporation Ltd & 2 others
Advocates:
Citation: Orchird Pharmacy Ltd v Southern Credit Banking Corporation Ltd & 2 others [2005] eKLR
(Ruling) Civil Procedure - application brought under Order 21 Rule 22 and Order 44 of the Civil Procedure Rules and Sections 80 and 3A of the Civil Procedure Act - review - error or a mistake on the face of the record - failure by the applicant to attach the extracted decree or order sought to be reviewed - appliction dismissed
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Mua Park Investments Limited V Kenya National Assurance Company Ltd (In Liquidation) & Another [2005] EKLR
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Case Number: Civil Case 5357 of 1993 |
Date Delivered: 27 May 2005 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Mua Park Investments Limited v Kenya National Assurance Company Ltd (In Liquidation) & another
Advocates:
Citation: Mua Park Investments Limited v Kenya National Assurance Company Ltd (In Liquidation) & another [2005] eKLR
(Ruling) Bill of costs - application brought under Rule 11 (2) of the Advocates (Remuneration) Order and Section 3A of Cap 21 seeking to set aside order by deputy registrar striking out the defendant's Bill of Costs - application dismissed on the ground that the Deputy Registar is the Taxing Master and it is his duty to Tax the Bill of costs
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