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Joseph Wathua Kigwe V Total Kenya Limited [2005] EKLR
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Case Number: Civil Case 644 of 2004 |
Date Delivered: 27 May 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Joseph Wathua Kigwe v Total Kenya Ltd
Advocates:
Citation: Joseph Wathua Kigwe v Total Kenya Limited [2005] eKLR
[Ruling] Civil Procedure - test suit - where two or more persons have instituted suits against the same defendant and such persons could have been joined as co-plaintiffs in one suit under the Civil Procedure Rule order I rule 1 - power of the court to make an order directing that one of the suits be tried as a test case,and staying all steps in the other suits until the selected suit shall have been determined,or shall have failed to be a real trial of the issues - criteria for selection of a test suit.
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World Duty Free Company Limited V Concord Insurance Co. Ltd & 2 Others [2005] EKLR
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Case Number: Civil Case 741 of 2003 |
Date Delivered: 27 May 2005 |
Judge: Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: World Duty Free Company Limited v Concord Insurance Co. Ltd & 2 others
Advocates:
Citation: World Duty Free Company Limited v Concord Insurance Co. Ltd & 2 others [2005] eKLR
(Ruling) Civil Procedure - injunction - conditions to be satisfied before injunction can be granted
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Gerard Killeen V International Centre Of Insect Physiology & Ecology [2005] EKLR
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Case Number: Civil Case 1737 of 2002 |
Date Delivered: 27 May 2005 |
Judge: Murugi Geteria Mugo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Gerard Killeen v International Centre of Insect Physiology & Ecology
Advocates:
Citation: Gerard Killeen v International Centre of Insect Physiology & Ecology [2005] eKLR
[RULING] Civil Procedure - application to strike out plaint on the ground that the defendant had diplomatic immunity from legal process under Sections 9,11 and 16 and part I of the 4th Schedule to the Privileges and Diplomatic Immunities Act (Cap 179) - applicant asking that the suit be dismissed - whether the court had jurisdiction to entertain the suit - whether the defendant's diplomatic immunity was absolute - whether the immunity absolved the defendant from contractual obligations
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Walter Kimani Ndungu T/a Wakim Quanti Consultants V Mount Kenya Roses Ltd & 2 Others [2005] EKLR
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Case Number: Civil Case 1440 of 2000 |
Date Delivered: 26 May 2005 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Walter Kimani Ndungu t/a Wakim Quanti Consultants v Mount Kenya Roses Ltd & 2 others [2005] eKLR
Advocates:
Citation: Walter Kimani Ndungu t/a Wakim Quanti Consultants v Mount Kenya Roses Ltd & 2 others [2005] eKLR
[RULING]Civil Practice and Procedure - interlocutory judgment - where the nature of the relief claimed in the plaint preclude the entering of interlocutory judgment. Civil Practice and Procedure - limitation of actions - application to dismiss suit for being time barred and for not disclosing a cause of action known in law or that it was scandalous frivolous and an abuse of the court process.
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James Njuguna Kamau V Republic [2005] EKLR
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Case Number: Criminal Appeal 77 of 2000 |
Date Delivered: 26 May 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: James Njuguna Kamau v Republic
Advocates:
Citation: James Njuguna Kamau v Republic [2005] eKLR
Criminal Appeal - offence of theft of motor vehicle spare parts contrary to Section 279(c) of the Penal Code - conduct of trial by an unqualified police prosecutor - retrial
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Binita Niraj Dhanani V Niraj Chandulal Dhanani [2005] EKLR
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Case Number: Nullity Cause 131 of 2004 |
Date Delivered: 26 May 2005 |
Judge: Patrick John Kamau
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Binita Niraj Dhanani v Niraj Chandulal Dhanani
Advocates:
Citation: Binita Niraj Dhanani v Niraj Chandulal Dhanani [2005] eKLR
Family law - divorce - petition for nullification of marriage - marriage celebrated under Hindu Customary Law under Hindu Marriage and Divorce Act - petitioner basing her petition on the ground of non-consummation of the marriage by the respondent - allegation that respondent refused and ignored intimate sexual advances by the petitioner - wilful refusal to consummate marriage renders marriage voidable and may at any time be annulled by the court upon application by the aggrieved party
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Grace Wangui Njoru V Equity Building Society [2005] EKLR
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Case Number: Civil Case 483 of 2004 |
Date Delivered: 26 May 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Grace Wangui Njoru v Equity Building Society
Advocates:
Citation: Grace Wangui Njoru v Equity Building Society [2005] eKLR
[RULING]Civil Procedure - application for an interlocutory injunction - principles applied in the granting of the equitable remedy of injunction - duty of the applicant to discharge the onus laid down in the case of Giella v Cassman Brown & Co. Ltd
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Aluta Holdings Ltd V Charles Gitahi Githinji & 2 Others [2005] EKLR
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Case Number: Civil Suit 323 of 2004 |
Date Delivered: 26 May 2005 |
Judge: Mathew John Anyara Emukule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Aluta Holdings Ltd v Charles Gitahi Githinji
Advocates:
Citation: Aluta Holdings Ltd v Charles Gitahi Githinji & 2 others [2005] eKLR
[RULING]Civil Procedure - application to dismiss a chamber summons for want of prosecution
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Lawrence Mutuku Musyoka V Republic [2005] EKLR
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Case Number: Criminal Appeal 478 of 2002 |
Date Delivered: 26 May 2005 |
Judge: Jessie Wanjiku Lesiit, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Lawrence Mutuku Musyoka v Republic
Advocates:
Citation: Lawrence Mutuku Musyoka v Republic [2005] eKLR
Criminal Appeal - robbery with violence contrary to section 296 (2) of the Penal Code - identification parade - how to be conducted - whether identification strong and safe to sustain the convictions entered - appeal disallowed
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Lawrence Mutuku Musyoka V Republic [2005] EKLR
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Case Number: Criminal Appeal 478 of 2002 |
Date Delivered: 26 May 2005 |
Judge: Jessie Wanjiku Lesiit, Onesmus Kimweli Mutungi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Lawrence Mutuku Musyoka v Republic
Advocates:
Citation: Lawrence Mutuku Musyoka v Republic [2005] eKLR
Criminal Appeal - robbery with violence contrary to section 296 (2) of the Penal Code - identification parade - how to be conducted - whether identification strong and safe to sustain the convictions entered - appeal disallowed
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