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MUKURU MUNGE & ANOTHER V AGRO DEVELOPMENT CO. & 2 OTHERS [2006] EKLR
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Case Number: CIVIL APPEAL NO. 6 OF 2003 |
Date Delivered: 24 Feb 2006 |
Judge: Joseph Kiplagat Sergon
Court: High Court at Mombasa
Parties: MUKURU MUNGE & ANOTHER V AGRO DEVELOPMENT CO. & 2 OTHERS
Advocates:
Citation: MUKURU MUNGE & ANOTHER V AGRO DEVELOPMENT CO. & 2 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-stay of execution pending appeal-factors the court will consider-Civil Procedure Rules, Order XLI, rule 4
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Re Amarco (Kenya) LTD [2006]eKLR
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Case Number: BANKRUPTCY AND WINDING UP CAUSE NO. 5 OF 2005 |
Date Delivered: 24 Feb 2006 |
Judge: Joseph Kiplagat Sergon
Court: Court of Appeal at Malindi
Parties: IN THE MATTER OF:AMARCO (KENYA) LTD
AND
IN THE MATTER OF:THE COMPANIES ACT
CHAPTER 486 OF THE LAWS OF
KENYA
Advocates:
Citation: Re Amarco (Kenya) LTD [2006]eKLR
[RULING] Civil Procedure - affidavit - verifying affidavit - form and content of affidavits - objection to affidavit on the grounds that it did not contain the deponent's true place of abode and that the deponent had failed to disclose the sources of information and his grounds of belief - Civil Procedure Rules Order XVIII rules 3(1) SERVICE - service of court process - manner of effecting service on a company - company arguing that there had not been proper service as the documents had been served on a person who had no authority to receive process on its behalf - person having acknowledged service by affixing the company's official stamp to the documents - application of the Civil Procedure Rules in a winding up cause - Companies (Winding Up) Rules rule 203
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FOIBE MUTHONI GICHAGA & 2 Others V MAGDALENE NGIMA MURIUKI & 2 Others [2006] EKLR
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Case Number: Civil Case 776 Of 2005 |
Date Delivered: 24 Feb 2006 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: FOIBE MUTHONI GICHAGA, GRACE MUKAMI MWANIKI & PETER MURIUKI GICHAGA V MAGDALENE NGIMA MURIUKI, SOLOMON MURIUKI KIMU, NDIMA TEA FACTORY LIMITED, MISS MATHENGE & Another
Advocates:
Citation: FOIBE MUTHONI GICHAGA & 2 Others V MAGDALENE NGIMA MURIUKI & 2 Others [2006] EKLR
[RULING] Civil Practice and Procedure-injunctions-temporary injunctions-to prevent the cultivation of tea from the suit property-whether the case has issues to be ventilated at a full trial-Civil Procedure Rules, Order XXXIX, rules 1,2,2A, 3 and 5; Order L, rule 2
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THOMAS ONSERIO ONGUBO V LABAN MASINJILA [2006] EKLR
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Case Number: Civil Case 113 Of 2005 |
Date Delivered: 24 Feb 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: THOMAS ONSERIO ONGUBO V LABAN MASINJILA
Advocates:
Citation: THOMAS ONSERIO ONGUBO V LABAN MASINJILA [2006] EKLR
[RULING] Civil Practice and Procedure-defence-striking out-where the defendant alleges that the plaintiff fraudulently obtained registration as owner of the suit property and does not make averment of fraud in his defence nor particularize the alleged fraud-whether statement of defence raises triable issues which should be ventilated in trial- Civil Procedure Rules, Order VI, rules 13(1)(b)(c)(d) and 16-LAND-title-where the plaintiff has resided on the suit property for a period of over eighteen years as a civil servant-whether the defendant has any registrable interest over the land-Registered Land Act, Section 30(g)
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RONGAI WORKSHOP AND TRANSPORTERS LTD V FREDRICK WANJALA & Another [2006] EKLR
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Case Number: Civil Case 78 Of 2005 |
Date Delivered: 24 Feb 2006 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Nakuru
Parties: RONGAI WORKSHOP AND TRANSPORTERS LTD V FREDRICK WANJALA & MODERN COAST BUILDERS AND CONSTRUCTION LTD
Advocates:
Citation: RONGAI WORKSHOP AND TRANSPORTERS LTD V FREDRICK WANJALA & Another [2006] EKLR
[Ruling] Civil Procedure - striking out of pleadings - application to strike out defence - grounds: that the defence was not served upon the plaintiff's advocates within seven days after it was filed in court and that the defence was scandalous, frivolous and vexatious - whether the delay in serving the defence had prejudiced the plaintiff - whether the defence should be struck out - Civil Procedure Rules Order VIII rules 1(2), 20; Order VI rule 13(c) & (d), 16
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REPUBLIC V P.C. SAMSON MURIUKI MBUI [2006] EKLR
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Case Number: Criminal Case No. 14 of 2000 |
Date Delivered: 23 Feb 2006 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: REPUBLIC V P.C. SAMSON MURIUKI MBUI
Advocates:
Citation: REPUBLIC V P.C. SAMSON MURIUKI MBUI [2006] eKLR
Criminal Law - Murder - Evidence - Ingredients of Murder - Where a police officer shoots and kills a person - Identification - Proof mens rea - Admissibility of witnesses evidence - Whether evidence is sufficient to support the charge of manslaughter - Section 203 as read with Section 204 of the Penal Code.
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JOHN MBELE MULWA & ANOTHER V REPUBLIC [2006] EKLR
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Case Number: CRIMINAL APPEAL NO. 243 & 246 OF 2003 |
Date Delivered: 23 Feb 2006 |
Judge: D. A. ONYACHA
Court: High Court at Machakos
Parties: JOHN MBELE MULWA & NICHOLAS MUINDI KITAVI V REPUBLIC
Advocates:
Citation: JOHN MBELE MULWA & ANOTHER V REPUBLIC [2006] eKLR
Criminal law - Robbery with violence - Handling stolen property - Appeal against conviction and sentence - Identification - Where evidence of identification is not corroborated - Reconsideration and re-evaluation of evidence - When the burden of proof shifts in possession matters - Section 296 (1) of the Penal Code - Section 322 (2) of the Penal Code .
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PETER MBURU NGUGI V REPUBLIC [2006] EKLR
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Case Number: CRIMINAL APPEAL NO. 252 OF 2003 |
Date Delivered: 23 Feb 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: PETER MBURU NGUGI V REPUBLIC
Advocates:
Citation: PETER MBURU NGUGI V REPUBLIC [2006] eKLR
Criminal Law - Stealing - Appeal against sentence and conviction - Where it is alleged that the magistrate failed to enter a proper plea of guilty - Where appeal is heard in the absence of the appellant - Corroboration of evidence - Where inconsistencies exist in the prosecution evidence - Standard of proof in criminal cases - Section 279 (a) of the Penal Code.
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DANIEL NJIRI NGARI & ANOTHER V REPUBLIC [2006] EKLR
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Case Number: CRIMINAL APPEAL NO. 265 & 266 OF 2003 |
Date Delivered: 23 Feb 2006 |
Judge: John Micheal Khamoni
Court: High Court at Nyeri
Parties: DANIEL NJIRI NGARI & ANTONY RUMBA NGARI V REPUBLIC
Advocates:
Citation: DANIEL NJIRI NGARI & ANOTHER V REPUBLIC [2006] eKLR
Criminal law - malicious damage to property contrary to Section 339(1) of the Penal Code - charge alleging that the accused had unlawfully damaged to their father's dwelling houses - accused persons convicted and sentenced to imprisonment for four years - appeal - whether the convictions were safe and the sentences merited.
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REPUBLIC V MARY MUTHONI WAMBUGU [2006] EKLR
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Case Number: CRIMINAL CASE NO. 112 OF 2003 |
Date Delivered: 23 Feb 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: REPUBLIC V MARY MUTHONI WAMBUGU
Advocates:
Citation: REPUBLIC V MARY MUTHONI WAMBUGU [2006] eKLR
[RULING] Criminal law - murder contrary to section 203, 204 of the Penal Code - burden and standard of proof - duty of the prosecution to link the accused with the offence charged - the fact that the Accused may have had the opportunity to commit the offence is not sufficient to prove that the Accused actually committed the offence - prosecution's evidence being at variance with the charge sheet - whether the accused should be acquitted under section 306(1) of the Criminal Procedure Code.
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