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ISAAC JUMA WANYONYI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal 28 of 2005 |
Date Delivered: 14 Feb 2006 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Bungoma
Parties: ISAAC JUMA WANYONYI v REPUBLIC
Advocates:
Citation: ISAAC JUMA WANYONYI v REPUBLIC [2006] eKLR
[Ruling] Criminal Practice and Procedure - appeal - application for dismissal of an appeal - counsel for the appellant unable to attend court because he was reportedly indisposed - appellant seeking an adjournment of his hearing - State opposing the application and stating that four similar adjournments had been granted previously - State asking the court to dismiss the appeal under section 354(3) of the Criminal Procedure Code
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In Re The Estate Of Nguku Macharia (Deceased) [2006] EKLR
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Case Number: Succession Case No. 102 Of 2000 |
Date Delivered: 14 Feb 2006 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: In Re The Estate Of Nguku Macharia (Deceased)
Advocates:
Citation: In Re The Estate Of Nguku Macharia (Deceased) [2006] EKLR
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STEPHEN MURIGI V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal No. 521 of 2001 |
Date Delivered: 14 Feb 2006 |
Judge: Luka Kiprotich Kimaru, Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: STEPHEN MURIGI V REPUBLIC
Advocates:
Citation: STEPHEN MURIGI V REPUBLIC [2006] eKLR
Criminal law - robber with violence contrary to section 296(2) of the Penal Code - accused person convicted and sentenced to death - appeal - CRIMINAL PROCEDURE - appeal - duty of a first appellate court to reconsider the evidence, re-evaluate it afresh and reach its own independent conclusions - EVIDENCE - evidence of a co-accused - accomplice evidence - whether such evidence requires corroboration in order for it to form a basis for a conviction - whether the conviction for robbery with violence could be sustained where there was no evidence to show that the accused had been armed with a dangerous or offensive weapon.
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PETER MACHARIA V REPUBLIC [2006] EKLR
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Case Number: Revision 1 of 2006 |
Date Delivered: 14 Feb 2006 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Bungoma
Parties: PETER MACHARIA v REPUBLIC
Advocates:
Citation: PETER MACHARIA v REPUBLIC [2006] eKLR
Criminal Practice and Procedure - prosecutor - prosecution of offences under the Weights and Measures Act - Act providing that prosecutions may be done by Inspectors appointed by the Minister under the Act - whether the wording of the Act permits the use of police prosecutors - Weights and Measures Act sections 54, 64
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KIPROTICH TOO & 2 OTHERS V SALINA JEMELI KIMAIYO [2006] EKLR
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Case Number: Probate & Admin. Cause No. 273 of 2001 |
Date Delivered: 14 Feb 2006 |
Judge: Mohammed Khadhar Ibrahim
Court: High Court at Eldoret
Parties: KIPROTICH TOO, SIMEON KIPTARUS BUGEI & HILTON BOEN V SALINA JEMELI KIMAIYO
Advocates:
Citation: KIPROTICH TOO & 2 OTHERS V SALINA JEMELI KIMAIYO [2006] eKLR
[RULING] - Law of Succession - Application for letters of Administration - Where respondent is served with summons but does not file Replying Affidavit or Grounds of opposition - Where conveyances are as a result fraudulent misrepresentations and non-disclosures - Effect of a revoked grant - Section 53 and 66 of the Law of succession - Rule 49 of the Probate and Administration Rules.
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Republic V Simon Kipkurui Tagut [2006] EKLR
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Case Number: Criminal Revision 2 of 2006 |
Date Delivered: 14 Feb 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: Republic v Simon Kipkurui Tagut
Advocates:
Citation: Republic v Simon Kipkurui Tagut [2006] eKLR
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Ridge Mount Holdings V Teleposta Pension Scheme & 9 Others [2006] EKLR
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Case Number: Civil Suit 332 of 2005 |
Date Delivered: 14 Feb 2006 |
Judge: Leonard Njagi
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Ridge Mount Holdings v Teleposta Pension Scheme; John Waweru; Davidson Kamau; Benson Okwaro; Eliud Ndegwa; Josephine Owiyo; X Shingira; Khadija Mire; Lloyd Masika Ltd; Sannex Enterprises
Advocates:
Citation: Ridge Mount Holdings v Teleposta Pension Scheme & 9 others [2006] eKLR
[RULING] Civil Procedure - application for the court to discharge,vary or set aside an injunction - preliminary objection raised to the application on the ground that the motion was defective for failing to state the words which by virtue of Order L rule 15(2) of the Civil Procedure Rules ought to be stated at the foot of every motion and chamber summons - whether there had been a failure to abide by the mandatory provision of procedure which rendered the application incompetent - whether the objector had been prejudiced.
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SAFARI JOHN NGOTHO V REPUBLIC [2006] EKLR
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Case Number: Criminal Revision No. 353 of 2005 |
Date Delivered: 13 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SAFARI JOHN NGOTHO V REPUBLIC
Advocates:
Citation: SAFARI JOHN NGOTHO V REPUBLIC [2006] eKLR
[RULING] Criminal Law-revision-robbery-where the court sentenced the accused to death-whether the sentence is illegal-Penal Code (cap.63), Section 296(1)
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CATHOLIC DIOCESE OF BUNGOMA & Another V BRAMWEL OUMA AGWATA [2006] EKLR
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Case Number: Civil Appeal 75 of 2000 |
Date Delivered: 13 Feb 2006 |
Judge: Nicholas Randa Owano Ombija
Court: High Court at Bungoma
Parties: CATHOLIC DIOCESE OF BUNGOMA & LYDIA ACHIENG MAKOKHAv BRAMWEL OUMA AGWATA
Advocates:
Citation: CATHOLIC DIOCESE OF BUNGOMA & another v BRAMWEL OUMA AGWATA [2006] eKLR
[RULING] Appeal-dismissal-where four years have elapsed since the appeal was filed and the appellant has not taken any steps to process the appeal-whether the appeal should be dismissed
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MUIMARA PROPERTIES LIMITED V ELPAS INDIKA AMAKOBE & 6 OTHERS [2006] EKLR
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Case Number: Civil Suit 1011 of 2005 |
Date Delivered: 13 Feb 2006 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MUIMARA PROPERTIES LIMITED V ELPAS INDIKA AMAKOBE, FRANCIS MBURU,
MESHACK OWUYA ABUKA, CECILIA KILONZO TUMBO & 3 OTHERS
Advocates:
Citation: MUIMARA PROPERTIES LIMITED V ELPAS INDIKA AMAKOBE & 6 OTHERS [2006] eKLR
[RULING] - Civil Procedure and Practice - Preliminary objection - Order 18 Rule 3 (1) Civil Procedure Rules - Application for striking out of a supporting affidavit - Where source of information relied upon is not disclosed - Importance of distinguishing between matters deponed to from ones own knowledge and those from information given to one.
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