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CITY FINANCE BANK LIMITED V ON CUE LIMITED & 6 OTHERS
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Case Number: Civil Case 677 of 1998 |
Date Delivered: 07 Feb 2006 |
Judge: Mary Muhanji Kasango
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: CITY FINANCE BANK LIMITED V ON CUE LIMITED, MICHAEL MUMO MBATHI, JOHN LEONARD OGEMBO, CHRISTOPHER MUSEMBI MBATHI & 3 OTHERS
Advocates:
Citation: CITY FINANCE BANK LIMITED V ON CUE LIMITED & 6 OTHERS
[Ruling] Civil Procedure - preliminary objection to an interlocutory application - applicant arguing that the objector's advocates were not properly on record as no application had been made for leave for them to take over the plaintiff's representation from the previous advocate - Civil Procedure Rules order III rule 9A - whether the application filed by the advocate was a nullity.
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BENJAMIN K. BETT V TENDENEI MARITIM [2006] EKLR
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Case Number: Civil Appeal 10 of 2005 |
Date Delivered: 07 Feb 2006 |
Judge: Jeanne Wanjiku Gacheche
Court: High Court at Eldoret
Parties: BENJAMIN K. BETT v TENDENEI MARITIM
Advocates:
Citation: BENJAMIN K. BETT v TENDENEI MARITIM [2006] eKLR
[RULING] Civil Practice and Procedure-jurisdiction-whether the High Court has the jurisdiction to sit in appeal from execution of an award of a Land Disputes Tribunal-Land Disputes Tribunal Act No.18/1990, Section 8(9); Judicature Act (cap.8), Section 3
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In Re Enkasiti Flower Growers Limited [2006] EKLR
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Case Number: Misc Civ Case 487 of 2005 |
Date Delivered: 07 Feb 2006 |
Judge: Benjamin Patrick Kubo
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In Re Enkasiti Flower Growers Limited
Advocates:
Citation: In Re Enkasiti Flower Growers Limited [2006] eKLR
[Ruling] LAND time application of the extension of time for making an application for consent to the Land control board regarding the transfer of L.R. No.1087/1 Title I.R. 58576 where the applicant expected to get exemption from obtaining the consent of the land control board from the president effect of applicable principles whether the applicant proved its application on a balance of probabilities - Land Control Act section 8 (1)
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NIZABA INTERNATIONAL TRADING LIMITED & Another V JOVENNA EAST AFRICA LIMITED & Another [2006] EKLR
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Case Number: Civil Case 402 Of 2000 |
Date Delivered: 06 Feb 2006 |
Judge: Barabara Kiprugut Tanui
Court: High Court at Kisumu
Parties: NIZABA INTERNATIONAL TRADING LIMITED & NIZARALI ABBAS JIWA RAJWANI V JOVENNA EAST AFRICA LIMITED & KENYA PIPELINE COMPANY LIMITED
Advocates:
Citation: NIZABA INTERNATIONAL TRADING LIMITED & Another V JOVENNA EAST AFRICA LIMITED & Another [2006] EKLR
[Ruling] Civil Procedure - review - application for the review of a court order - court order dismissing an application - applicant arguing that as the application had not been decided on merit, the proper order to make would have been to strike it out and not to dismiss it - whether the application had been decided on merit - whether the option open to the applicant was appeal and not review - Civil Procedure Act section 80; Civil Procedure Rules order XLIV rules 1, 2, 3
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REHAN RIAZ MALIK V THE IMMIGRATION DEPARTMENT [2006] EKLR
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Case Number: CIVIL SUIT NO. 104 OF 2006 |
Date Delivered: 06 Feb 2006 |
Judge: David Kenani Maraga
Court: High Court at Mombasa
Parties: REHAN RIAZ MALIK V THE IMMIGRATION DEPARTMENT
Advocates:
Citation: REHAN RIAZ MALIK V THE IMMIGRATION DEPARTMENT [2006] eKLR
[RULING] Judicial Review-prohibition-application for leave- an order of prohibition to prevent deportation of the applicant-where the applicant has a visa which is valid for two more years-where the applicant has pleaded guilty to knowingly using a forged entry permit-whether the applicant has established a case for the grant of leave
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MUGOYA CONSTRUCTION ENGINEERING LTD V NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES (N.S.S.F) & Another [2006] EKLR
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Case Number: Civil Case 59 of 2005 |
Date Delivered: 06 Feb 2006 |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: MUGOYA CONSTRUCTION ENGINEERING LTD v NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES (N.S.S.F) & SYMBION INTERNATIONAL LTD
Advocates:
Citation: MUGOYA CONSTRUCTION ENGINEERING LTD v NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES (N.S.S.F) & another [2006] eKLR
[Ruling] – INJUNCTION – temporary injunction – application for – applicant sought order to restrain the respondent from taking over the ongoing project on the suit property – where the applicant had no proprietary rights – applicable principles – validity of order – Civil Procedure Rules Order 41 rule 4
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B.P. KENYA LIMITED V NYERI DISTRICT CO-OP UNION LTD [2006] EKLR
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Case Number: Civil Case 1274 of 2005 |
Date Delivered: 06 Feb 2006 |
Judge: Paul Kihara Kariuki
Court: High Court at Nairobi (Milimani Law Courts)
Parties: B.P. KENYA LIMITED v NYERI DISTRICT CO-OP UNION LTD
Advocates:
Citation: B.P. KENYA LIMITED v NYERI DISTRICT CO-OP UNION LTD [2006] eKLR
[Ruling] INTERIM ORDERS setting aside of application to set aside restraining orders against the defendant and to stay the plaintiffs suit pending the setting aside where the applicant had not certified the matter urgent whether the defendant/applicants application was bona fide
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PAUL MAHUGU NG’ARU V REPUBLIC [2006] EKLR
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Case Number: Criminal Appeal Case 208 of 2004 |
Date Delivered: 06 Feb 2006 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nyeri
Parties: PAUL MAHUGU NG’ARU v REPUBLIC
Advocates:
Citation: PAUL MAHUGU NG’ARU v REPUBLIC [2006] eKLR
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NGORIKA FARMERS CO-OPERATIVE SOCIETY LTD V JOHN KIARIE & 2 OTHERS [2006] EKLR
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Case Number: Civil Suit No. 336 of 2004 |
Date Delivered: 06 Feb 2006 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: NGORIKA FARMERS CO-OPERATIVE SOCIETY LTD V JOHN KIARIE, PETER MAINA KIMANI & MARY WAMBUI KIMOTHO
Advocates:
Citation: NGORIKA FARMERS CO-OPERATIVE SOCIETY LTD V JOHN KIARIE & 2 OTHERS [2006] eKLR
[RULING] Civil Practice and Procedure-temporary injunction-to restrain the defendants from using a cattle dip on the suit premises-where there is no prayer for injunction in the plaint itself –whether an injunction can be granted in those circumstances-Civil Procedure Rules , Order XXXIX, rules 1,2,3, and 9
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NATIONAL BANK OF KENYA V BARRACK DEYA OKUL [2006] EKLR
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Case Number: Civil Suit No. 35 of 1994 |
Date Delivered: 06 Feb 2006 |
Judge: Daniel Kiio Musinga
Court: High Court at Nakuru
Parties: NATIONAL BANK OF KENYA V BARRACK DEYA OKUL
Advocates:
Citation: NATIONAL BANK OF KENYA V BARRACK DEYA OKUL [2006] eKLR
Banking law - overdraft - action for the recovery of monies owed on an overdraft facility - defendant/customer having overdrawn his account - defendant disputing the amount claimed as owing and the rate 40% p.a. -interest -whether an overdraft arises where a customer draws a cheque on his current account which causes the account to go into overdraft - bank reserving the right to vary the interest rate upon notice - whether a variation in the interest rate could be effective without such notice to the customer - whether the court has a discretion on the issue of interest where the parties have agreed at a fixed rate which is neither illegal nor unconscionable or fraudulent
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