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JORAM THUO WAIREGI V KENYA COMMERCIAL FINANCE COMPANY LIMITED [2006] EKLR
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Case Number: Civil Case 149 of 1999 |
Date Delivered: 10 Feb 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: JORAM THUO WAIREGI V KENYA COMMERCIAL FINANCE COMPANY LIMITED
Advocates:
Citation: JORAM THUO WAIREGI V KENYA COMMERCIAL FINANCE COMPANY LIMITED [2006] eKLR
[RULING] - Probate and Administration - Application for substitution of a party as the legal representative of a deceased person - Whether a supporting affidavit is fatally defective if sworn by Plaintiff's counsel instead of the plaintiff - What constitutes a defective supporting affidavit - Order 23, rule 3 of the Civil Procedure Rules .
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ELKANA MUKUNDI GATIMU & ANOTHER V JOHN B.M. MUYA & 2 OTHERS [2006] EKLR
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Case Number: Civil Suit 611 of 2004. |
Date Delivered: 10 Feb 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: ELKANA MUKUNDI GATIMU & KENYUA NGUNJIRI V JOHN B.M. MUYA, MRS R.W.
KUNYIHA & MRS R.W. KUNYIHA
Advocates:
Citation: ELKANA MUKUNDI GATIMU & ANOTHER V JOHN B.M. MUYA & 2 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-interlocutory injunction-where the membership of a limited liability company is in dispute-whether the personal representative of a deceased member can be regarded as a member of the company without being so registered- whether a resolution not signed by every board member is valid-Companies Act, Section 28, Articles 16 and 29
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PRESBYTERIAN FOUNDATION P.C.E.A. NAKURU WEST V PAUL FRANCIS GICHOHI [2006] EKLR
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Case Number: Civil Suit 62 of 2004 (OS) |
Date Delivered: 10 Feb 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nakuru
Parties: PRESBYTERIAN FOUNDATION P.C.E.A. NAKURU WEST V PAUL FRANCIS GICHOHI
Advocates:
Citation: PRESBYTERIAN FOUNDATION P.C.E.A. NAKURU WEST V PAUL FRANCIS GICHOHI [2006] eKLR
Land - action claiming title to land - plaintiff claiming that the President had directed that it be given certain plots of land adjacent to its church - that the defendant who owned one of the plots had refused to surrender the title to the land to the plaintiff even after he had been compensated - claim to title to land by adverse possession for more than 12 years
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STEPHEN KIPTONUI SANG V KIPNGENO KORIR [2006] EKLR
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Case Number: CIVIL SUIT NO. 41 OF 2004 (OS) |
Date Delivered: 10 Feb 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: STEPHEN KIPTONUI SANG V KIPNGENO KORIR
Advocates:
Citation: STEPHEN KIPTONUI SANG V KIPNGENO KORIR [2006] eKLR
Land-adverse possession-where the plaintiff averred to have been in quiet and peaceful possession of the suit land for a period of over twenty six years-where the plaintiff had entered into a sale agreement with the defendant and paid the purchase consideration-whether the plaintiff has acquired title to the land-Civil Procedure Rules, Order XXXVI, rules 3D and 12; Limitations of Actions Act (cap.22), Section 36
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JOHNSON KIMUU KARANI V E. A. PORTLAND CEMENT COMPANY LTD [2006] EKLR
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Case Number: Civil Case 1808 of 1999 |
Date Delivered: 10 Feb 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: JOHNSON KIMUU KARANI V E. A. PORTLAND CEMENT COMPANY LTD
Advocates:
Citation: JOHNSON KIMUU KARANI V E. A. PORTLAND CEMENT COMPANY LTD [2006] eKLR
Contract-employment contract-where the contract provides for retirement at the age of sixty years and the defendant retires the plaintiff at the age of fifty five years-whether the defendant is in breach of contract-whether the plaintiff is entitled to damages-whether the plaintiff is entitled to severance pay
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JOHN MUTITIKA MWANIKI V A.K. MONTET [2006] EKLR
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Case Number: Civil Case 40 of 2006 |
Date Delivered: 10 Feb 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: JOHN MUTITIKA MWANIKI v A.K. MONTET
Advocates:
Citation: JOHN MUTITIKA MWANIKI v A.K. MONTET [2006] eKLR
[RULING] Injunctions-parties-where the application for restraining orders is sought against the defendant when it is the defendant’s son who is in contention for ownership of the suit property-validity of the application
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NGOTHO WATHOME AND COMPANY LIMITED V AMERICAN LIFE INSURANCE COMPANY (K) LTD [2006] EKLR
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Case Number: Civil Case 185 of 2002 |
Date Delivered: 10 Feb 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: NGOTHO WATHOME AND COMPANY LIMITED V AMERICAN LIFE INSURANCE COMPANY (K) LTD
Advocates:
Citation: NGOTHO WATHOME AND COMPANY LIMITED V AMERICAN LIFE INSURANCE COMPANY (K) LTD [2006] eKLR
[Ruling] Civil Procedure - dismissal of suit for want of prosecution - application for dismissal under Order 16, rule 5 (d) of the Civil Procedure Rules - no order having been issued adjourning the suit generally - applicant should have sought an order for dismissal under Order 16 rule 6
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ALFRED MABEYA V SAMPULI SALIM MWANYONJE & 2 OTHERS [2006] EKLR
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Case Number: MISC CIVIL APPLICATION NO. 55 OF 2006 |
Date Delivered: 10 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: ALFRED MABEYA V SAMPULI SALIM MWANYONJE, MARTHA WANGUI MURIITHI & ELIJAH WAICHANGURU MURIITHI
Advocates:
Citation: ALFRED MABEYA V SAMPULI SALIM MWANYONJE & 2 OTHERS [2006] eKLR
[RULING] Civil Procedure - transfer of cases - defendant sued for libel in Kwale seeking transfer of case to Mombasa - grounds: that the instructions were given in Mombasa and the publication was done in Nairobi, he resides in Mombasa and the other two defendants reside in Nairobi, therefore the suit should have been filed either in Mombasa or Nairobi - Sections 3A, 14, 16, 18 and 63(e) of the Civil Procedure Act - defamation case to be filed where the defamation was published or where the defendant resides - Publication in defamation is the communication of the defamatory words to someone other than the person defamed. It is not the place where the libellous article was printed
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ALFRED MABEYA V SAMPULI SALIM MWANYONJE & 2 OTHERS [2006] EKLR
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Case Number: MISC CIVIL APPLICATION NO. 55 OF 2006 |
Date Delivered: 10 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: ALFRED MABEYA V SAMPULI SALIM MWANYONJE, MARTHA WANGUI MURIITHI & ELIJAH WAICHANGURU MURIITHI
Advocates:
Citation: ALFRED MABEYA V SAMPULI SALIM MWANYONJE & 2 OTHERS [2006] eKLR
[RULING] - Civil Procedure and practice - Defamation - Claim for damages for an alleged libelous advertisement -Application to have suit withdrawn from on court and transferred to another - Where a replying affidavit was not filed - Defamation claim under section 14 of the Civil Procedure Act - What constitutes publication in defamation - Consideration of where the parties reside - Where will a defamation suit be filed in regards to defamation by a newspaper - Sections 3A, 14, 16, 18 and 63(e) of the Civil Procedure Act.
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AMINA O. ABDULKADIR V RAVINDRA N. SHAH ALIAS RAVEEN MOHAMMED NARSHI [2006]eKLR
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Case Number: CIVIL CASE NO. 258 OF 2005 |
Date Delivered: 10 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: AMINA O. ABDULKADIR V RAVINDRA N. SHAH ALIAS RAVEEN MOHAMMED NARSHI
Advocates:
Citation: AMINA O. ABDULKADIR V RAVINDRA N. SHAH ALIAS RAVEEN MOHAMMED NARSHI [2006]eKLR
[RULING] Family Law-divorce-where the parties are Muslims-whether the Married Women Property Act of 1882 is applicable to them-Civil Procedure Rules, Order XXXVI, rule 12; Mohammedan Marriage Divorce and Succession Act (cap.156), Section 2; Matrimonial Causes Act, Section 28; Married Women’s Property Act of 1882, Section 17
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