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KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT [2005] EKLR
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Case Number: Civil Case 21 of 2001(OS) |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT
Advocates:
Citation: KIPKETER ARAP MARISIN V PAUL KIPKURUI KURGAT [2005] eKLR
Land law - adverse possession - claim to title to land by adverse possession - claimant stating that he had been in possession of the land for over twenty two years - meaning of adverse possession - mere possession alone not sufficient to found a claim - duty of the claimant to show that his possession was adverse to that of the registered owner - matters that need to be established in order to prove a claim for adverse possession - a claimant who loses possession of the land to the registered owner ceases to be in adverse possession - Limitation of Actions Act sections 37, 38; Civil Procedure Rules Order 36 rules 3, 3D, 12
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Richard Akwesera Onditi V Kenya Commercial Finance Co. Ltd [2005] EKLR
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Case Number: Civil Application Nai 234 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Richard Akwesera Onditi v Kenya Commercial Finance Co. Ltd
Advocates:
Citation: Richard Akwesera Onditi v Kenya Commercial Finance Co. Ltd [2005] eKLR
[RULING] Civil Procedure - pauper appeal - application to be allowed reliefs from payment of fees and security for costs in an appeal from a judgment and decree - rule 112 of the Court of Appeal Rules
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Manase Onyimbi V Board Of Management Of Kenya Medical Research Institute & Another [2005] EKLR
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Case Number: Civil Application Nai 215 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Manase Onyimbi v Board of Management of Kenya Medical Research Institute; Director,Alupe Leprosy and Skin Diseases Research Centre Busia (K)
Advocates:
Citation: Manase Onyimbi v Board of Management of Kenya Medical Research Institute & another [2005] eKLR
[RULING] Civil Procedure - application for leave to file Notice and Record of Appeal out of time - Before the Court can exercise its wide discretionary power in favour of the applicant,the applicant should satisfy the Court that the intended appeal is not frivolous,that there has not been inordinate delay in filing this application,and lastly,that if the application is allowed,the respondent will not suffer undue prejudice.
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Jeremiah Achila Gogo V Telkom Kenya Limited [2005] EKLR
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Case Number: Civil Application Nai 181 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Jeremiah Achila Gogo v Telkom Kenya Limited
Advocates:
Citation: Jeremiah Achila Gogo v Telkom Kenya Limited [2005] eKLR
[RULING] Civil Procedure - application for leave to file an application for striking out the the notice of appeal - Before the Court can exercise its unfettered discretion in favour of the applicant the applicant has to show,among other things,that the intended application is not frivolous; that the delay in bringing this application has not been inordinate and that the extension of time will not cause undue prejudice to the respondent - delay of 11 months - whether delay was inordinate and unjustified - decree being far in excess of the judgment - whether that was a strong reason why the respondent should be allowed to prosecute the appeal
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JOYCELENE LEAH NYAMBURA T/a RIBBIN HAIR SALOON V SUCHAM INVESTMENT LTD T/a TIWI BEACH RESORT [2005] EKLR
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Case Number: Civil Case 128 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: John Wycliffe Mwera
Court: High Court at Mombasa
Parties: JOYCELENE LEAH NYAMBURA t/a RIBBIN HAIR SALOON V SUCHAM INVESTMENT LTD t/a TIWI BEACH RESORT
Advocates:
Citation: JOYCELENE LEAH NYAMBURA t/a RIBBIN HAIR SALOON V SUCHAM INVESTMENT LTD t/a TIWI BEACH RESORT [2005] eKLR
[RULING] - Injunctions - Protected tenancy - Where rent has been varied - Where landlord seeks vacation of premises if new rent is not paid - Determination of whether the tenant is a protected tenant - Provisions of section 2 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) - Section 7 (f) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) - Order 39 rules 1, 2 Civil Procedure Rules - Section 3A Civil Procedure Act.
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WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & ANOTHER [2005] EKLR
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Case Number: Civil Suit 48 of 2000 |
Date Delivered: 01 Dec 2005 |
Judge: Luka Kiprotich Kimaru
Court: High Court at Kericho
Parties: WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & EDNA CHERONO
MISIONGI
Advocates:
Citation: WILLIAM KIPLANGAT CHIRCHIR V SAMWEL TESOT TANGUS & ANOTHER [2005] eKLR
[RULING] Civil Procedure - review - application to review a court ruling - Order XLIV Rule I and Order III rule 9A of the Civil Procedure Rules - grounds: error apparent on the face of the record - court had erred in ruling that the pleadings filed by the advocate for the defendants were improperly filed due to the fact that the said advocate had not sought the leave of the court to come on record for the defendants after judgment - that the previous advocates had ceased to act for the defendant and therefore it was not necessary to seek the leave of the court
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JORAM WERE & Another V TRANSPARES (K) LTD & 3 Others [2005] EKLR
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Case Number: Civil Case 82 Of 2002 |
Date Delivered: 01 Dec 2005 |
Judge: Mohammed Abdullahi Warsame
Court: High Court at Kisumu
Parties: JORAM WERE & Another V TRANSPARES (K) LTD, WILSON KOSKEI KIPKAMOI, AUTO SUAR PARTS LTD & MOHAN SINGH DHILION
Advocates:
Citation: JORAM WERE & Another V TRANSPARES (K) LTD & 3 Others [2005] EKLR
[RULING] Civil Practice and Procedure-suits-striking out-third party proceedings-where the suit against the second and fourth defendants who are being joined as third parties was dismissed with costs-whether the third party notices are frivolous ,scandalous and vexatious-Civil Procedure Rules, Order VI, rule 13 (1)(b) and (d); Civil Procedure Act (cap.21), Section 3 and 3A
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PETER JOHN GAKONDE NYAGU V JOSEPH NG’ANG’A KANYUKI KINYIRIRIA & 2 OTHERS [2005] EKLR
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Case Number: CIVIL SUIT NO. 208 OF 1989 |
Date Delivered: 01 Dec 2005 |
Judge: Joyce Adhiambo Aluoch
Court: High Court at Nairobi (Milimani Law Courts)
Parties: PETER JOHN GAKONDE NYAGU V JOSEPH NG’ANG’A KANYUKI KINYIRIRIA,
KARANJA MACHARIA & KIRIGO NGATIA
Advocates:
Citation: PETER JOHN GAKONDE NYAGU V JOSEPH NG’ANG’A KANYUKI KINYIRIRIA & 2 OTHERS [2005] eKLR
Contract-sale by auction-where the plaintiff contends that he was the highest bidder but a lower bid was accepted over his-where the plaintiff has been in possession of the suit premises for five years prior to the sale and is in continuing possession to date-where an injunction order had been issued barring the plaintiffs eviction-DEFENCE-where the defendants filed their defences out of time and without leave of the court-whether the defences should be considered by the court-Civil Procedure Rules, Order IX, rule 1; Order VIII, rule 1(2)
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David Chege Mwangi V Mugambo Wa Gachocho Co. Ltd [2005] EKLR
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Case Number: Civil Suit 430 of 2004[2] |
Date Delivered: 01 Dec 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: David Chege Mwangi v Mugambo wa Gachocho Co Ltd
Advocates:
Citation: David Chege Mwangi v Mugambo wa Gachocho Co. Ltd [2005] eKLR
[RULING]Civil Practice and Procedure-security for costs-where the plaintiff is unemployed-whether the poverty of a plaintiff is a ground for ordering security for costs-Civil Procedure Rules,Order XXV,rules 1 and 6
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Praxides Wekesa V Donald Kipkorir T/a Kipkorir,Tito,& Kiara Advocates [2005] EKLR
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Case Number: Civil suit 614 of 2004 |
Date Delivered: 01 Dec 2005 |
Judge: Alnashir Ramazanali Magan Visram
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Praxides Wekesa v Donald Kipkorir t/a Kipkorir,Tito,and Kiara Advocates
Advocates:
Citation: Praxides Wekesa v Donald Kipkorir t/a Kipkorir,Tito,& Kiara Advocates [2005] eKLR
[RULING]Civil Practice and Procedure-pleadings-striking out-circumstances which necessitate a suit to be struck out-Civil Procedure Rules,Order VI,rule 13(1)(b)and(d)-TORT-defamation-whether defamation based on a letter written under Advocate/Client privilege is actionable
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