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HARRISON MBUGUA T/a MANTRAD ENTERPRISES V STELLA K. MUENDO T/a S. K. MUENDO & CO. ADVOCATES [2006]
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Case Number: Civil Case 1052 of 2002 (OS) |
Date Delivered: 03 Feb 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: HARRISON MBUGUA t/a MANTRAD ENTERPRISES V STELLA K. MUENDO t/a S. K. MUENDO & CO. ADVOCATES
Advocates:
Citation: HARRISON MBUGUA t/a MANTRAD ENTERPRISES V STELLA K. MUENDO t/a S. K. MUENDO & CO. ADVOCATES [2006]
[Ruling] Civil Procedure - costs - costs of litigation - costs are entirely in the discretion of the court, provided that they will normally follow the event, unless the court shall for good reason otherwise order - Civil Procedure Act section 21
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EVALYNE WAGITIE KAMAU & Another V JANE WANJIRU KAMAU [2006] EKLR
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Case Number: Succession Cause 522 Of 2001 |
Date Delivered: 03 Feb 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: EVALYNE WAGITIE KAMAU & ROSEMARY NYAMBURA KAMAU V JANE WANJIRU KAMAU
Advocates:
Citation: EVALYNE WAGITIE KAMAU & Another V JANE WANJIRU KAMAU [2006] EKLR
[RULING] - SUCESSION - probate and administration - the deceased died testate - where letters of administration were granted without the participation of the third wife - application for revocation of grant of letters of administration - whether such a grant was valid
WILLS - validity of a will that is not properly attested to or witnessed - where a will does not make sufficient provisions for some dependants - factors to be considered by a court in determining such a will
JURISDICTION - where court exceeded its monetary jurisdiction - validity of order - Law of Succession (Cap 160)
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EWB V GKB[2006] EKLR
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Case Number: Divorce Case No.135 of 2004 |
Date Delivered: 03 Feb 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: EWB v GKB
Advocates:
Citation: EWB v GKB[2006] eKLR
Family Law - Divorce - Application for an order of dissolution of marriage - Grounds of cruelty and wilful neglect to provide reasonable maintenance to wife and children in marriage - Where petition is presented through collusion - Where a marriage has broken down irretrievably.
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HASSAN ALI JOHO V HOTHAM NYANGE & ANOTHER [2006] EKLR
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Case Number: ELECTION PETITION NO. 1 OF 2005 |
Date Delivered: 03 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: HASSAN ALI JOHO V HOTHAM NYANGE & ANANIA MWASAMBU MWABOZA
Advocates:
Citation: HASSAN ALI JOHO V HOTHAM NYANGE & ANOTHER [2006] eKLR
[RULING] Election law-election petition-whether the Civil Procedure Rules and Act apply to election petitions-whether copies of election documents filed by the Electoral Commission should be expunged from the court record for having been irregularly filed-National Assembly and Presidential Elections Act (cap.7); Election Petition Rules, rules 5 and 19
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COASTAL AQUACULTURE LIMITED V NATIONAL BANK OF KENYA LIMITED & 9 OTHERS [2006] EKLR
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Case Number: Civil Case 1455 of 1997 |
Date Delivered: 03 Feb 2006 |
Judge: Hatari Peter George Waweru
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: COASTAL AQUACULTURE LIMITED V NATIONAL BANK OF KENYA LIMITED, THE
COMMISSIONER OF LANDS, KOIT DEVELOPERS LIMTED, KENETE ENTERPRISES
LIMITED, SAMAN DEVELOPERS LIMITED, MASOLE ENTERPRISES LIMITED, BALA
ENTERPRISES LIMITED, MARIMIO EENTERPRISES LI
Advocates:
Citation: COASTAL AQUACULTURE LIMITED V NATIONAL BANK OF KENYA LIMITED & 9 OTHERS [2006] eKLR
[RULING] - Civil procedure and Practice - Application seeking orders of dismissal of Plaintiff's suit - Discovery and inspection of Documents - Consequences for failure to comply with court orders requiring full discovery and inspection of documents - What a party must do if unable to comply with a court order - Order 10, rule 20 of the Civil Procedure Rules .
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Patrick Ng’ang’a Kamau V Isaac Ribiro Kamere [2006] EKLR
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Case Number: Civil Application 183 of 2003 |
Date Delivered: 03 Feb 2006 |
Judge: William Shirley Deverell
Court: Court of Appeal at Nairobi
Parties: Patrick Ng’ang’a Kamau v Isaac Ribiro Kamere
Advocates:
Citation: Patrick Ng’ang’a Kamau v Isaac Ribiro Kamere [2006] eKLR
[Ruling] Civil Practice and Procedure – appeal – extension of time – application for extension of time to file and serve notice and record of appeal – applicant’s first notice of appeal having been deemed to have been withdrawn for delay or failure to subsequently file the record of appeal – applicant attributing the delay in the failure by the High Court Registry to furnish the record of proceedings in time – delay of 60 days – applicant failing to include in the memorandum of appeal pleadings which would enable the court to assess the merits of the intended appeal – whether the application should be allowed - Court of Appeal Rules rule 4, 82(a)
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Simon Igecha & 510 Others V Kenya Breweries Limited & Another [2006] EKLR
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Case Number: Civil Suit 1285 of 2003 |
Date Delivered: 03 Feb 2006 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Simon Igecha & 510 others v Kenya Breweries Limited; Attorney General
Advocates:
Citation: Simon Igecha & 510 others v Kenya Breweries Limited & another [2006] eKLR
[RULING]Civil Procedure - striking out of pleadings - application to strike out plaint - section 3A of the Civil Procedure Act (Cap. 21),and Orders XXIV,rule 6 and VI,rule 13 (1),(b),(c),(d) of the Civil Procedure Rules - applicant alleging that the suit had been compromised and settled and there was no further claim arising for determination - application by plaintiffs to be allowed to proceed with a notice of motion by viva voce evidence - Order XVII,rules 1,2,and 8 of the Civil Procedure Rules,and s. 3A of the Civil Procedure Act
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Mary Wakwabubi Wafula V British Airways PLC [2006] EKLR
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Case Number: Civil Case 157 of 2002 |
Date Delivered: 03 Feb 2006 |
Judge: Philip Nyamu Waki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Mary Wakwabubi Wafula v British Airways
Advocates:
Citation: Mary Wakwabubi Wafula v British Airways PLC [2006] eKLR
Employment law – termination of employment – measure of damages to which an employee is entitled for wrongful termination of employment – in assessing damages courts not to consider the injured of the employee or that the termination renders it difficult to secure alternative employment – whether this principle may be varied where the employer breaches a duty not to conduct its business in a manner likely to destroy or damage the relationship of trust and confidence with the employee – whether the plaintiff had been wrongfully dismissed – whether the plaintiff was entitled to general damages for fraud, misrepresentation and breach of warranties, loss of reputation and restriction of her movement by from her employer - Employment Act
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IN THE MATTER OF THE ESTATE OF STEPHEN NYONGO MUTINDA (DECEASED) [2006] EKLR
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Case Number: Succession Cause 1047 of 1987 |
Date Delivered: 03 Feb 2006 |
Judge: Martha Karambu Koome
Court: High Court at Nairobi (Milimani Law Courts)
Parties: IN THE MATTER OF THE ESTATE OF STEPHEN NYONGO MUTINDA (DECEASED)
Advocates:
Citation: IN THE MATTER OF THE ESTATE OF STEPHEN NYONGO MUTINDA (DECEASED) [2006] eKLR
Succession - intestate succession - distribution of the estate of a deceased person among his beneficiaries - whether the mode of distribution should be among the individual beneficiaries or among the households to hold in trust - distribution of the estate of a polygamous intestate - interpretation of the Law of Succession Act section 40
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Khetshi Dharamshi Co. Ltd V P. N. Mashru Ltd [2006] EKLR
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Case Number: Civil Suit 426 of 1995 |
Date Delivered: 03 Feb 2006 |
Judge: Jackton Boma Ojwang
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Khetshi Dharamshi Co. Ltd v P. N. Mashru Ltd
Advocates:
Citation: Khetshi Dharamshi Co. Ltd v P. N. Mashru Ltd [2006] eKLR
Contract - common carrier - bailee - duty of care of bailee - suit against a transporter for failing to safely deliver a consignment of goods - whether the defendant had breached its duty as a common carrier - whether there was a breach of implied terms of carriage - whether the goods were carried at the owner's risk
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