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PETER MWEMA KAHORO & Another V BENSON MAINA GITHETHUKI [2006] EKLR
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Case Number: Civil Case 1295 Of 2005 |
Date Delivered: 24 Feb 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PETER MWEMA KAHORO & SAMUEL KUNGU V BENSON MAINA GITHETHUKI
Advocates:
Citation: PETER MWEMA KAHORO & Another V BENSON MAINA GITHETHUKI [2006] EKLR
[Ruling] – JURISDICTION – ouster of – clause in agreement prescribing arbitration incase of dispute – application for stay of proceedings - where defendant participated in court proceedings and later invoked the arbitration clause – whether that arbitration clause ousts the courts jurisdiction - validity of order - Arbitration Act No. 4 of 1995 Section 6
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MBIGI NJUGUNA & CO. ADVOCATES V CITY COUNCIL OF NAIROBI [2006] EKLR
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Case Number: Misc Civ Appli 1313 Of 2003 |
Date Delivered: 24 Feb 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MBIGI NJUGUNA & CO. ADVOCATES V CITY COUNCIL OF NAIROBI
Advocates:
Citation: MBIGI NJUGUNA & CO. ADVOCATES V CITY COUNCIL OF NAIROBI [2006] EKLR
[Ruling] – ADVOCATE – taxation of bill of costs – where the certificate of taxation was duly rendered to the respondent - the applicant did not raise his claim for interest – whether such a claim can succeed – factors court considers in granting orders - Advocates (Remuneration) Order Rule 7
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PETER MUSHILA MBOYI V JOSEPH MUSOI AMBOYI [2006] EKLR
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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.
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LAWRENCE KWATSIMA V TARIA MUTAKALE SHILAMA & Another [2006] EKLR
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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
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EVANSON LABOSO & Another V KASSAMALI MULJI GILANI [2006] EKLR
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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)
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KSS V NAJ[2006] EKLR
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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.
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STEPHEN KYALO MBUTHI V CHARLES MUOKI & 17 OTHERS [2006] EKLR
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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
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CHIMBA MBEYO MOKUNGA V AHMED ABDULLA [2006] EKLR
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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.
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NGOTHO COMMERCIAL AGENCIES LTD V GEORGE WANJUKI GETHI [2006] EKLR
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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
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John Kotingo & Another V Warren Enterprises Limited [2006] EKLR
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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
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