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NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEE V ANKHAN HOLDING LIMITED & 2 Others [2006] EKLR
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Case Number: Civil Case 268 of 2004 |
Date Delivered: 26 Apr 2006 |
Judge: Fred Andago Ochieng
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEE v ANKHAN HOLDING LIMITED, SAMMY BOIT ARAP KOGO & HUBERT NYAMBU MWAKIBWA
Advocates:
Citation: NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEE v ANKHAN HOLDING LIMITED & 2 others [2006] eKLR
Ruling] Civil Procedure and Practice – striking out of suit – suit alleging a fraud perpetrated on the plaintiff by the defendants – application to strike out a suit on the ground that it was frivolous, vexatious and abuse of the court process – defendants claiming that they agents or nominees of a disclosed principal and therefore the claims against them could not be sustained as no personal liability could attach to them - whether the suit against the defendants could be sustained.
Contract – agency – relationship of principal and agent – whether there are circumstances when the agent of a disclosed principal can be held personally liable for acts done in the name of the principal
Company law – lifting the corporate veil – liability of company directors – whether the directors of a company which was a party to an allegedly fraudulent transaction would be liable for the fraud along with the company itself – whether in case of fraud, the directors stand on the same footing as the company itself – whether an action based on the alleged fraud could be sustained against the directors of the company
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CHARLES KARUGA WAHOME V REPUBLIC [2006] EKLR
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Case Number: Crim Misc Appli 234 of 2005 |
Date Delivered: 26 Apr 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: CHARLES KARUGA WAHOME v REPUBLIC
Advocates:
Citation: CHARLES KARUGA WAHOME v REPUBLIC [2006] eKLR
[Ruling] - CRIMINAL PRACTICE AND PROCEDURE - bail – application for bail pending appeal – accused was convicted and sentenced on a charge of robbery – factors the court considers when granting bail on an appeal – validity of order - Penal Code section 296(1)
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JODAD INVESTMENTS LIMITED V PAUL IMISON [2006] EKLR
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Case Number: Civil Case 693 of 2000 |
Date Delivered: 25 Apr 2006 |
Judge: Mohammed Khadhar Ibrahim
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: JODAD INVESTMENTS LIMITED v PAUL IMISON
Advocates:
Citation: JODAD INVESTMENTS LIMITED v PAUL IMISON [2006] eKLR
Contract law-agreement for sale-plaintiff granted injunctive orders restraining the defendant from interfering in any way with the suit property pending hearing and determination of the suit-grounds that defendant was in breach of agreement for sale-whether the defendant repudiated the contract by breaching the said agreement-whether the plaintiff discharged from the agreement due to the defendant’s breach-whether defendant entitled to specific performance of the agreement-where the defendant had sought orders for specific performance compelling the plaintiff to transfer the suit property and general damages for breach of contract by the plaintiff-whether the defendant entitled to any damages-whether there should be an inquiry as to damages occasioned by the grant of injunctive orders to the plaintiff in the event the defendant is successful in the suit
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Prisca Njoki Chomba V Charles Mwangi Chomba [2006] EKLR
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Case Number: Misc Appli 70 of 2000 |
Date Delivered: 25 Apr 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: Prisca Njoki Chomba v Charles Mwangi Chomba
Advocates:
Citation: Prisca Njoki Chomba v Charles Mwangi Chomba [2006] eKLR
[RULING] Appeals-striking out-whether there is a provision for striking out appeals under Order VI, rule 13 of the Civil Procedure Rules-validity of the application
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SHEM OBONDI V SEEMFOD HOLDINGS LTD [2006] EKLR
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Case Number: Civil Suit 1168 of 2003 |
Date Delivered: 22 Apr 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SHEM OBONDI v SEEMFOD HOLDINGS LTD
Advocates:
Citation: SHEM OBONDI v SEEMFOD HOLDINGS LTD [2006] eKLR
Contract Law - Sale agreement - Specific performance - Where there is inordinate delay in bringing the suit - Where on of the party to the contract brings a suit after the other party to the contract has passed away - Privity of contract.
Injunctions - principles of injunctions.
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SIGINON FREIGHT LIMITED V CANDY LOGISTICS LIMITED [2006] EKLR
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Case Number: Civil Case 2383 of 1995 |
Date Delivered: 18 Apr 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SIGINON FREIGHT LIMITED v CANDY LOGISTICS LIMITED
Advocates:
Citation: SIGINON FREIGHT LIMITED v CANDY LOGISTICS LIMITED [2006] eKLR
Contract-consideration-where the defendant company paid only some of the invoices for services rendered-remedies available to the plaintiff
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In Re M N (a Child) [2006] EKLR
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Case Number: Adoption Cause 59 of 2005 |
Date Delivered: 18 Apr 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re M N (a child)
Advocates:
Citation: In Re M N (a child) [2006] eKLR
Family law - adoption of infants - husband and wife seekign to adopt an abandoned child - examination of the qualification and capacity of the applicants to adopt the child - Children Act part XII; sections 154, 158
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BARBRA OTUNGA-MOHAMED V AHMED MOHAMED ALI [2006] EKLR
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Case Number: Divorce Cause 140 of 2004 |
Date Delivered: 18 Apr 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: BARBRA OTUNGA-MOHAMED v AHMED MOHAMED ALI
Advocates:
Citation: BARBRA OTUNGA-MOHAMED v AHMED MOHAMED ALI [2006] eKLR
Family Law-divorce-adultery-where the petitioner left the matrimonial home fourteen years after the alleged adultery-whether the petitioner condoned the alleged adultery by such conduct
Family Law-divorce-adultery-where the petitioning husband failed to cite the person the respondent wife is alleged to have committed adultery with, as a co-respondent-whether such omission is fatal to the petition-Matrimonial Causes Act, Section 9(1)
Family Law-divorce-desertion-whether the mere act of a spouse moving out of the matrimonial home constitutes desertion
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MUTHIGANI GITHETE MUTHIGANI V GRACE NYAMBURA NGUGI [2006] EKLR
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Case Number: Succession Cause 1601 of 1997 |
Date Delivered: 18 Apr 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: MUTHIGANI GITHETE MUTHIGANI v GRACE NYAMBURA NGUGI
Advocates:
Citation: MUTHIGANI GITHETE MUTHIGANI v GRACE NYAMBURA NGUGI [2006] eKLR
[RULING] Succession Law-letters of administration-revocation-where the grant was given in testate and there are allegations of fraud and that some dependants of the deceased were left out-validity of the grant
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ESTHER MUTHONI KURIA V FRANCIS KIMANI KURIA & Another [2006] EKLR
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Case Number: Succession Cause 2908 of 2003 |
Date Delivered: 18 Apr 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: ESTHER MUTHONI KURIA v FRANCIS KIMANI KURIA & JAMES NJUGUNA KURIA
Advocates:
Citation: ESTHER MUTHONI KURIA v FRANCIS KIMANI KURIA & another [2006] eKLR
[RULING] Affidavits-service-where a replying affidavit is filed in less than three days to the date of hearing-whether the delay results in the respondents having no locus standi-Civil Procedure Rules, Order L, rule 16
Probate and Administration-grant-dismissal of application for revocation/annulment of grant issued to the Public Trustee for want of prosecution-where there appear to be irregularities in the manner in which the deceased acquired the land-validity of the application
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