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PETER MUSHILA MBOYI V JOSEPH MUSOI AMBOYI [2006] EKLR
Case Number: Civil Case 22 of 2002	Date Delivered: 24 Feb 2006

Judge: George Benedict Maina Kariuki

Court: High Court at Kakamega

Parties: PETER MUSHILA MBOYI v JOSEPH MUSOI AMBOYI

Advocates:

Citation: PETER MUSHILA MBOYI v JOSEPH MUSOI AMBOYI [2006] eKLR

Land law - trust in land - resulting trust - where land previously used by a family is registered in the sole name of one person - land registered in name of the adult son of the deceased original owner at the time of land adjudication - whether the registered owner held the land in trust for the other sons of the deceased.

LAWRENCE KWATSIMA V TARIA MUTAKALE SHILAMA & Another [2006] EKLR
Case Number: Civil Case 4 of 2003	Date Delivered: 24 Feb 2006

Judge: George Benedict Maina Kariuki

Court: High Court at Kakamega

Parties: LAWRENCE KWATSIMA v TARIA MUTAKALE SHILAMA & PHILIP CHUKUYU SHILAMA

Advocates:

Citation: LAWRENCE KWATSIMA v TARIA MUTAKALE SHILAMA & another [2006] eKLR

[Ruling] PRELIMINARY OBJECTION objection raised to suit filed against several defendants where the first defendant was deceased at the time of filing the suit effect of applicable principles whether the suit will abate against the other defendants

EVANSON LABOSO & Another V KASSAMALI MULJI GILANI [2006] EKLR
Case Number: Civil Case 61B of 1999	Date Delivered: 24 Feb 2006

Judge: George Benedict Maina Kariuki

Court: High Court at Kakamega

Parties: EVANSON LABOSO & JOHANA KIPCHUMBA v KASSAMALI MULJI GILANI

Advocates:

Citation: EVANSON LABOSO & another v KASSAMALI MULJI GILANI [2006] eKLR

[Ruling] Civil Practice and Procedure - abatement of suit - application for an order that the suit had abated against the 1st defendant - grounds: that the 1st defendant had died and no personal representative had been placed on record - application not opposed - whether the application should be allowed - Civil Procedure Rules Order 23 rule 3(2)

KSS V NAJ[2006] EKLR
Case Number: DIVORCE CAUSE NO. 30 OF 2005	Date Delivered: 24 Feb 2006

Judge: Joseph Kiplagat Sergon

Court: High Court at Mombasa

Parties: KSS V NAJ

Advocates:

Citation: KSS V NAJ[2006] eKLR

Family Law - Divorce - Application for dissolution of marriage - Where proceedings were ex-parte for non-attendance of party - Grounds for divorce - Where a petitioner alleges desertion - Where marriage has irretrievably broken down - Maintenance sought - Custody of children sought - Definition of desertion - When the ground of desertion can be sought - Where the children are not children under the law - Standard of proof - Section 8 of the Matrimonial Causes Act.

STEPHEN KYALO MBUTHI V CHARLES MUOKI & 17 OTHERS [2006] EKLR
Case Number: CIVIL CASE NO. 54 OF 2005	Date Delivered: 24 Feb 2006

Judge: David Anasi Onyancha

Court: High Court at Machakos

Parties: STEPHEN KYALO MBUTHI V CHARLES MUOKI & 17 OTHERS

Advocates:

Citation: STEPHEN KYALO MBUTHI V CHARLES MUOKI & 17 OTHERS [2006] eKLR

[RULING] Land - land dispute - jurisdiction of the Land Disputes Tribunal to hear certain land disputes under the Land Disputes Act section 3(1) - interpretation of the section - jurisdiction of the courts to hear a case concerning land under adjudication where the case has been filed without the consent of the Land Adjudication Officer

CHIMBA MBEYO MOKUNGA V AHMED ABDULLA [2006] EKLR
Case Number: H.C.C. 144 OF 2004 (OS)	Date Delivered: 24 Feb 2006

Judge: Joseph Kiplagat Sergon

Court: High Court at Mombasa

Parties: CHIMBA MBEYO MOKUNGA V AHMED ABDULLA

Advocates:

Citation: CHIMBA MBEYO MOKUNGA V AHMED ABDULLA [2006] eKLR

Land - claim to land by adverse possession - general principles of the doctrine of adverse possession - applicant claiming to have been in occupation of the land for 37 years without the permission or the resistance of the owner - application unopposed - whether the applicant had established his claim to the land.

NGOTHO COMMERCIAL AGENCIES LTD V GEORGE WANJUKI GETHI [2006] EKLR
Case Number: Civil Appeal 182 Of 2005	Date Delivered: 24 Feb 2006

Judge: Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: NGOTHO COMMERCIAL AGENCIES LTD V GEORGE WANJUKI GETHI

Advocates:

Citation: NGOTHO COMMERCIAL AGENCIES LTD V GEORGE WANJUKI GETHI [2006] EKLR

[RULING] Civil Practice and Procedure-stay of execution pending appeal-where the court had ordered the release of goods attached by the appellant in distress for rent-whether the appellant would suffer substantial loss if the order of stay is denied-conditions to be satisfied by an applicant for an order of stay of execution to be granted-Civil Procedure Rules, Order XLI, rule 4(1); Order L, rule 1

John Kotingo & Another V Warren Enterprises Limited [2006] EKLR
Case Number: Miscellaneous Civil Application 254 of 2004	Date Delivered: 24 Feb 2006

Judge: Jackton Boma Ojwang

Court: High Court at Nairobi (Milimani Law Courts)

Parties: John Kotingo & Benson Kilungu v Warren Enterprises Limited

Advocates:

Citation: John Kotingo & another v Warren Enterprises Limited [2006] EKLR

[RULING] Civil Practice and Procedure-stay of execution pending appeal- principles guiding the deposit of a portion of the decretal sum pending appeal-Civil Procedure Rules, Order XLI, rules 4 and 32

AMINA OMARI & ANOTHER V LONRHO AGRI. BUSINESS & ANOTHER [2006] EKLR
Case Number: CIVIL SUIT NO. 42 OF 2002	Date Delivered: 24 Feb 2006

Judge: Jeanne Wanjiku Gacheche

Court: High Court at Eldoret

Parties: AMINA OMARI & FREDRICK SUTER KILIMO V LONRHO AGRI. BUSINESS & KENYA AIRPORTS AUTHORITY

Advocates:

Citation: AMINA OMARI & ANOTHER V LONRHO AGRI. BUSINESS & ANOTHER [2006] eKLR

Land - suit for damages and a permanent injunction to restrain defendant from trespassing on the plaintiff's land - Kenya Airports Authority (2nd defendant) stating that the suit against it was premature for want of the relevant statutory notices - Kenya Airports Authority Act (Cap. 395) sections 33, 34 - duty of a party who wishes to sue the Authority to serve it with the mandatory notices - suit filed without issuing the notices defective and incompetent CIVIL PROCEDURE - verifying affidavit - plaint not accompanied by a verifying affidavit of one plaintiff - defaulting plaintiff's suit incompetent - Order VII rule 1 (2) and (3) of the Civil Procedure Rules

JAMES MUTHION V REPUBLIC [2006] EKLR
Case Number: CRIMINAL APPEAL NO. 81 OF 2003	Date Delivered: 24 Feb 2006

Judge: Muga Apondi, Luka Kiprotich Kimaru

Court: High Court at Nakuru

Parties: JAMES MUTHION V REPUBLIC

Advocates:

Citation: JAMES MUTHION V REPUBLIC [2006] eKLR

Criminal Law - Robbery with violence - Appeal against conviction and sentence - Duty of the court in re-evaluating and re-assessing the evidence - Whether the prosecution proved its case against the appellant to the required standard of proof - Evidence of a single identifying witness - Recognition of the accused - Identification - Reasonable doubt has been raised - Section 296(2) of the Penal Code .